RESOLUTION DH (97) 187

HUMAN RIGHTS

APPLICATION No. 16036/90

OCHSENREITER AGAINST AUSTRIA

(Adopted by the Committee of Ministers on 15 May 1997

at the 590th 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 11 January 1995 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 5 January 1990 by Mr Wolfgang Ochsenreiter against Austria (Application No. 16036/90);

Whereas on 9 February 1995 the Commission transmitted the said report to the Committee of Ministers and 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 by the Commission or by a state under Article 48 of the Convention; whereas, however, within this time-limit, limit, the applicant seized the Court in accordance with Protocol No. 9, but considering that the screening panel of the Court decided on 13 Sepetember 1995 that this case would not be considered by the Court, the Committee of Ministers is now called upon to take a decision in accordance with Article 32 of the Convention and with Article 48 of the Convention as amended by Article 5 of Protocol No. 9 for those states having ratified the latter;

Whereas in his application, declared admissible by the Commission on 7 April 1994, the applicant complained of the excessive length of certain proceedings concerning civil rights and obligations before administrative 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 546th meeting of the Ministers’ Deputies held on 13 October 1995, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, 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 12 July 1996;

Whereas at the 571st meeting of the Deputies, the Committee of Ministers held, by a decision adopted on 13 September 1996, in accordance with Article 32, paragraph 2, of the Convention, that the Government of Austria was to pay the applicant as just satisfaction, within three months, 27 000 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 13 October 1995 and 13 September 1996, having regard to Austria’s obligation 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 13 January 1997 the Government of Austria paid the applicant the total sum of 27 090 Austrian schillings, including interest, 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.