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B.E. AGAINST AUSTRIA

Doc ref: 18823/91 • ECHR ID: 001-49420

Document date: September 11, 1995

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B.E. AGAINST AUSTRIA

Doc ref: 18823/91 • ECHR ID: 001-49420

Document date: September 11, 1995

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 by the European

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

of the Convention relating to the application lodged on 3 May 1991

by Mrs B.E. against Austria (Application No. 18823/91);

Whereas on 26 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 her application, as declared admissible by the

Commission on 8 January 1993, the applicant complained of the

excessive length of certain civil proceedings;

Whereas in its report adopted on 6 April 1994 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 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 applicant, proposals supplemented

by a letter of the President of the Commission dated 13 April 1995;

Whereas, at the 539th meeting of the Deputies held on

6 June 1995, 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 applicant as just

satisfaction, within three months, 18 000 Austrian schillings in

respect of non-pecuniary damage and 25 000 Austrian schillings in

respect of costs and expenses, namely a total sum of

43 000 Austrian schillings;

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 6 June 1995, having regard to Austria's

obligation under Article 32, paragraph 4 (art. 32-4), of the

Convention to abide by them;

Whereas the Committee of Ministers satisfied itself that

on 3 July 1995 the Government of Austria paid the applicant the

total sum of 43 000 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.

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