HÜTTENMAYER A. AND F. AGAINST AUSTRIA

Doc ref: 21836/93 • ECHR ID: 001-51600

Document date: November 15, 1996

Doc ref: 21836/93 • ECHR ID: 001-51600

Document date: November 15, 1996

Cited paragraphs only

The Committee of Ministers, under the terms of Article 32 (art. 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 28 February 1996 by the European

Commission of Human Rights in accordance with

Article 31 (art. 31) of the Convention relating to the application lodged on 3

February 1993 by Alexander Hüttenmayer and

Florian Hüttenmayer against Austria (Application No. 21836/93);

Whereas on 2 April 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 (art. 32-1), of the Convention has elapsed without the

case having been brought before the European Court of Human Rights in pursuance

of Article 48 (art. 48) of the Convention;

Whereas in their application, declared admissible by the Commission on 17

May 1995, the applicants complained of the excessive length of certain civil

proceedings;

Whereas in its report the Commission expressed, unanimously, the opinion

that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the

Convention;

Whereas at the 576th meeting of the Ministers' Deputies, the Committee of

Ministers, agreeing with the opinion expressed by the Commission, held, in a

decision adopted on 15 November 1996, having voted in accordance with the

provisions of Article 32, paragraph 1

(art. 32-1), of the Convention, that there had been in this case a violation of

Article 6, paragraph 1 (art. 6-1), of the Convention,

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

case;

Decides to pursue the examination of the present case, in accordance with

Article 32 (art. 32) of the Convention with a view to adopting the final

resolution.

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