RESOLUTION DH (97) 407

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS

OF 18 FEBRUARY 1997

IN THE CASE OF NIDERÖST-HUBER AGAINST SWITZERLAND

(Adopted by the Committee of Ministers on 17 September 1997

at the 599th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 54 of the Conven ­ tion for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Nideröst-Huber case delivered on 18 February 1997 and transmitted the same day to the Committee of Ministers ;

Recalling that the case originated in an application (No. 18990/91) against Switzerland, lodged with the European Commission of Human Rights on 17 October 1991 under Article 25 of the Convention by Mr Armin Nideröst-Huber, a Swiss national, and that the Commission declared admissible the complaint of lack of communication of a cantonal court's observations to the applicant in the framework of his appeal at the federal level ;

Recalling that the case was brought before the Court by the Commission on 8 December 1995 and by the Government of Switzerland on 20 February 1996 ;

Whereas in its judgment of 18 February 1997 the Court unanimously:

– held that there had been a breach of Article 6, paragraph 1, of the Convention ;

– held that the present judgment constituted sufficient just satisfaction in respect of any non-pecuniary damage suffered ;

– held that Switzerland was to pay the applicant, within three months, 10 775 Swiss francs for costs and expenses and that simple interest at an annual rate of 5% should be payable from the expiry of the above-mentioned three months until settlement ;

– dismissed the remainder of the claim for just satisfaction ;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 of the Convention ;

Having invited the Government of Switzerland to inform it of the measures which had been taken in consequence of the judgment of 18 February 1997, having regard to Switzerland's obligation under Article 53 of the Convention to abide by it ;

Whereas, during the examination of the case by the Committee of Ministers, the Government of Switzerland accordingly indicated that the judgment of the Court had been sent out to the tribunals directly concerned ;

Having satisfied itself that on 24 March 1997, within the time-limit set, the Government of Switzerland paid the applicant the sum provided for in the judgment of 18 February 1997,

Declares, after having taken note of the information supplied by the Government of Switzerland, that it has exercised its functions under Article 54 of the Convention in this case.