RESOLUTION DH (97) 117

HUMAN RIGHTS

APPLICATION No. 15506/89

A., E., M., AND H. P. AGAINST AUSTRIA

(Adopted by the Committee of Ministers 28 January 1997

at 582nd 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 31 August 1994, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 4 July 1989 by A., E., M. and H.P. against Austria (Application No. 15506/89);

Whereas on 26 October 1994 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 their application, as declared admissible by the Commission on 30 June 1993, the applicants complained of the excessive length of certain agricultural consolidation proceedings and the right to a peaceful enjoyment of possessions;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention and that there had been no violation of Article 1 of Protocol No. 1;

Whereas, at the 530th meeting of the Ministers' Deputies, held on 1-2 March 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 and that there had been no violation of Article 1 of Protocol No. 1;

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 from the President of the Commission dated 9 March 1995;

Whereas, at the 582nd meeting of the Deputies, the Committee of Ministers held, by decision adopted on 28 January 1997, in accordance with Article 32, paragraph 2, of the Convention, that no sum of money was to be paid to the applicants as just satisfaction, since the latter had not submitted any specific claim in this respect;

Whereas the Committee of Ministers invited the Government of Austria to inform it of the measures taken following its decisions of 1-2 March 1995, having regard to Austria's obligation under Article 32, paragraph 4, of the Convention to abide by them;

Whereas the Government of Austria recalled that measures had already been taken to prevent the repetition of the violation found in this case, through the entry into force of amendments to the Agricultural proceedings Act (Agrarverfahrensgesetz 1950) and to the Federal Agricultural Authorities Act (Agrabehördengesetz 1950) on 1st January 1994 (see, inter alia, Resolution DH (94) 45 Wiesinger against Austria),

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.