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CASE OF HOFFMANN AGAINST AUSTRIA

Doc ref: 12875/87 • ECHR ID: 001-55616

Document date: June 9, 1994

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CASE OF HOFFMANN AGAINST AUSTRIA

Doc ref: 12875/87 • ECHR ID: 001-55616

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 Hoffmann case delivered on 23 June 1993 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

20 February 1987 under Article 25 (art. 25) of the Convention by

Mrs Ingrid Hoffmann, an Austrian national, who complained that

she had been denied the custody of her children on the ground of

her religious convictions;

Recalling that the case was brought before the Court by the

Commission on 13 April 1992;

Whereas in its judgment of 23 June 1993 the Court:

- held, by five votes to four, that there had been a

violation of Article 8 in conjunction with Article 14

(art. 14+8);

- held, unanimously, that it was unnecessary to rule on the

allegation of a violation of Article 8 (art. 8) taken alone;

- held, unanimously, that no separate issue arose under

Article 9 (art. 9), either taken alone or in conjunction with

Article 14 (art. 14+9);

- held, unanimously, that it was not necessary to rule on

the allegation of a violation of Article 2 of Protocol No. 1

(P1-2);

- held, by eight votes to one, that the Respondent State was

to pay to the applicant within three months for costs and

expenses 75 000 Austrian schillings;

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

23 June 1993, 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 on 20 September 1993 the

Government of Austria has paid the applicant the sum provided for

in the judgment of 23 June 1993,

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) 44

Information provided by the Government of Austria

during the examination of the Hoffmann case

by the Committee of Ministers

The Federal Ministry of Justice has brought the judgment of

the Court in the Hoffmann case to the attention of the

authorities concerned by way of a decree of 23 December 1993,

published in Amtsblatt der österreichischen Justizverwaltung

(JABl.1994/8). In addition, a summary of the judgment has been

published in the Österreichische Juristenzeitung (ÖJZ 1993,

p. 853-856). The judgment of the Court has finally been the

object of in-depth studies by the Family Law Section of the

Association of Austrian Judges (see the "Bericht der Fachgruppe

Ausserstreit- und Familienrecht der österreichischen

Richtervereinigung" of 10 March 1994). The government is of the

opinion that these measures are sufficient, in the light of the

status of the Convention and the jurisprudence of the Convention

organs in Austrian law, to prevent the repetition of the

violation found by the Court in the Hoffmann case.

The sum awarded by the Court to the applicant was paid on

20 September 1993.

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