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L.K. AGAINST AUSTRIA

Doc ref: 12883/87 • ECHR ID: 001-49387

Document date: June 9, 1994

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L.K. AGAINST AUSTRIA

Doc ref: 12883/87 • ECHR ID: 001-49387

Document date: June 9, 1994

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 26 February 1986 by Mrs L.K. against Austria

(Application No. 12883/87);

Whereas on 25 June 1993 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 the applicant complained inter

alia of the excessive length of certain civil proceedings;

Whereas the Commission declared the application in part

admissible on 14 October 1991 and in its report adopted on

5 May 1993 expressed unanimously the opinion that there had been

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

Convention;

Whereas, at the 501st meeting of the Ministers' Deputies

held on 9 November 1993, 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 also examined the

proposals made by the Commission when transmitting its report on

25 June 1993, as regards just satisfaction to be awarded to the

applicant;

Whereas at the said 501st meeting the Committee of Ministers

held, in addition, 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, 135 000 Austrian schillings;

Whereas the Committee of Ministers invited the Government

of Austria to inform it of the measures taken following its

decisions of 9 November 1993, 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

28 April 1994, the Government of Austria paid the applicant the

sum of 135 000 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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