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CASE OF WIESINGER AGAINST AUSTRIA

Doc ref: 11796/85 • ECHR ID: 001-55617

Document date: June 9, 1994

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CASE OF WIESINGER AGAINST AUSTRIA

Doc ref: 11796/85 • ECHR ID: 001-55617

Document date: June 9, 1994

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights

and Fundamental Freedoms (hereinafter referred to as "the

Convention"),

Having regard to the judgment of the European Court of Human

Rights in the Wiesinger case delivered on 30 October 1991 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application against

Austria lodged with the European Commission of Human Rights on

12 August 1985 under Article 25 (art. 25) of the Convention by

Mr Konrad and Mrs Klara Wiesinger, Austrian nationals, who

complained inter alia of the length of certain land consolidation

proceedings, of a violation of their right of property and of

discriminatory treatment on the part of the authorities;

Recalling that the case was brought before the Court by the

Commission on 11 July 1990;

Whereas in its judgment of 30 October 1991 the Court, inter

alia:

- held unanimously that there had been a violation of

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

- held, by eight votes to one, that there had been no

violation of Article 1 of Protocol No. 1 (P1-1);

- held unanimously that it was not necessary to examine the

complaint under Article 14 of the Convention, taken in

conjunction with Article 1 of Protocol No. 1 (art. 14+P1-1);

- held unanimously that the Republic of Austria was to pay,

within three months, 200 000 Austrian schillings to Mr Wiesinger

for non-pecuniary damage and 500 000 Austrian schillings to both

applicants for costs and expenses;

- dismissed unanimously the remainder of the claim for just

satisfaction;

Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of

the Convention;

Having invited the Government of Austria to inform it of the

measures which had been taken in consequence of the judgment of

30 October 1991, having regard to its obligation under

Article 53 (art. 53) of the Convention to abide by it;

Whereas, during the examination of the case by the Committee

of Ministers, the Government of Austria gave the Committee

information about the measures taken in consequence of the

judgment, which information appears in the appendix to this

resolution;

Having satisfied itself that the Government of Austria has

paid to the applicants in two parts, on 5 December 1991 and

21 January 1992, the sums provided for in the judgment

of 30 October 1991,

Declares after having taken note of the information supplied

by the Government of Austria that it has exercised its functions

under Article 54 (art. 54) of the Convention in this case.

Appendix to Resolution DH (94) 45

Information provided by the Government of Austria

during the examination of the Wiesinger case

by the Committee of Ministers

The Austrian Government considers that the legislative

amendments made over the last years will simplify and speed up

the proceedings in land consolidation cases, thus preventing the

repetition of violations of the kind found in the present case.

The Agricultural Proceedings Act (Agrarverfahrensgesetz

1950) has been amended (BGBl Nr. 901/1993) in order to adapt it

to recent developments in administrative law, in particular under

the General Administrative Procedure Act (Allgemeines

Verwaltungsverfahrensgesetz 1950); the new act streamlines the

procedure and provides among other things for a public hearing

in agricultural proceedings.

Changes have also been introduced in the Federal

Agricultural Authorities Act (Agrarbehördengesetz 1950 -

BGBl Nr. 902/1993) in order to take into account the problems

which have arisen under the Convention. According to the new

legislation questions regarding compensation under the Federal

Agricultural Land Planning (General Principles) Act

(Flurverfassungs-Grundsatzgesetz 1951) are henceforth to be

decided by the Provincial Land Reform Board (Landesagrarsenat)

at first instance, with a right to appeal to the Supreme Land

Reform Board (Oberster Agrarsenat).

These reforms entered into force on 1 January 1994.

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