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R. AND R. AGAINST AUSTRIA

Doc ref: 12593/86 • ECHR ID: 001-49385

Document date: June 9, 1994

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Cited paragraphs: 0
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R. AND R. AGAINST AUSTRIA

Doc ref: 12593/86 • ECHR ID: 001-49385

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 29 September 1986 by two banks, R. and R. against Austria

(Application No. 12593/86);

Whereas on 6 July 1992 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 the two applicant banks

complained that in certain criminal proceedings and the

subsequent customs proceedings against one of their clients their

civil rights were not determined within a reasonable time;

Whereas the Commission declared the application admissible

on 10 October 1990 and in its report adopted on 20 May 1992

expressed unanimously the opinion that there had been a violation

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

Whereas, at the 483rd meeting of the Ministers' Deputies

held on 10 November 1992, 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

10 September 1993;

Whereas at the 507th meeting of the Ministers' Deputies,

held on 3 February 1994, the Committee of Ministers held, in

accordance with Article 32, paragraph 2 (art. 32-2), of the

Convention, that the Government of Austria was to pay the two

applicant banks as just satisfaction, within three months,

550 000 Austrian schillings in respect of non-pecuniary and

pecuniary damage and 150 000 Austrian schillings (including VAT)

in respect of costs and expenses;

Whereas the Committee of Ministers invited the Government

of Austria to inform it of the measures taken following its

decisions of 10 November 1992 and 3 February 1994, 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

21 March 1994 the Government of Austria paid the two applicant

banks the total sum of 700 000 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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