RESOLUTION DH (97) 339

HUMAN RIGHTS

APPLICATION No. 22770/93

STIFTER AGAINST AUSTRIA

(Adopted by the Committee of Ministers on 11 July 1997

at the 597th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the report drawn up on 26 June 1996 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 9 May 1990 by Mr Adolf Stifter (Application No. 22770/93);

Whereas on 23 July 1996 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the Convention ;

Whereas in his application, as declared admissible by the Commission on 29 November 1995, the applicant complained of the excessive length of certain proceedings concerning civil rights and obligations before labour and social courts;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention;

Whereas at the 582nd meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, by a decision adopted on 28 January 1997, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, that there had been in this case a violation of Article 6, paragraph 1, of the Convention;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 7 December 1996;

Whereas at the 585th meeting of the Ministers’ Deputies, the Committee of Ministers held, by a decision adopted on 19 March 1997, in accordance with Article 32, paragraph 2, of the Convention, that the Government of Austria was to pay to the applicant, within three months, as just satisfaction, the sum of 18 000 Austrian schillings for non-material damage and the sum of 18 000 Austrian schillings for costs and expenses, namely the total sum of 36 000 Austrian schillings and that interest should be payable on any unpaid sum at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;

Whereas the Committee of Ministers invited the Government of Austria to inform it of the measures taken following its decisions of 28 January 1997 and 19 March 1997, having regard to the obligation of Austria under Article 32, paragraph 4, of the Convention to abide by them;

Whereas during the examination of the case by the Committee of Ministers, the Government of Austria accordingly indicated that the Commission’s report as well as the Committee of Ministers’ decisions had been sent out to the authorities directly concerned;

Whereas the Committee of Ministers satisfied itself that on 16 April 1997, within the time-limit set, the Government of Austria paid the applicant the total sum of 36 000 Austrian schillings as just satisfaction,

Declares, having taken note of the measures taken by the Government of Austria, that it has exercised its functions under Article 32 of the Convention in this case;

Authorises the publication of the report adopted by the Commission in this case.