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 6 April 1994 by the European

Commission of Human Rights in accordance with Article 31 (art. 31) of the

Convention relating to the application lodged on 20 October 1987 by J.M., F.M.,

H.M. and F.W. against Austria (Application No. 13713/88);

Whereas on 27 May 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 (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 14

October 1992, 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 519th meeting of the Ministers' Deputies held on 19 and 20

October 1994, 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

(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;

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 applicants, proposals supplemented by a letter of the President

of the Commission dated 27 October 1995;

Whereas, at the 564th meeting of the Deputies held on

15 May 1996, the Committee of Ministers decided, in accordance with Article 32,

paragraph 2 (art. 32-2), of the Convention, that the Government of Austria was

to pay the applicants as just satisfaction for all damages suffered, within

three months, 100 000 Austrian schillings and that interest should be payable on

any non-paid sum at the statutory rate applicable on the date of this decision,

it being understood that the interest will accrue from the expiry of the time-

limit until full payment is 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 19 October 1994 and

15 May 1996, having regard to Austria's obligation under Article 32, paragraph 4

(art. 32-4), of the Convention to abide by them;

Whereas during the examination of the case by the Committee of Ministers

the Government of Austria provided the Committee with information about the

measures taken in consequence of the Committee's decisions, which information

appears in the appendix to this resolution;

Whereas the Committee of Ministers satisfied itself that

on 23 July 1996, within the time-limit set, the Government of Austria paid the

applicants the total sum of 100 000 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 (art. 32) of the

Convention in this case;

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

case.

Appendix to Resolution DH (96) 393

Information provided by the Government of Austria

during the examination of the case of J.M., F.M., H.M. and F.W.

by the Committee of Ministers

The Government of Austria has ensured the distribution of the Commission's

report to the relevant authorities in order to prevent the repetition of the

violations found in the present case.

Accordingly, the government considers that it has fulfilled its

obligations under Article 32 (art. 32) of the European Convention.