FUHRMANN AGAINST AUSTRIA

Doc ref: 16568/90 • ECHR ID: 001-49374

Document date: March 21, 1994

Doc ref: 16568/90 • ECHR ID: 001-49374

Document date: March 21, 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 9 April 1990 by Mr Sigismund and Mrs Elfriede Fuhrmann against

Austria (Application No. 16568/90);

Whereas on 12 October 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 their application the applicants complained that

they had not received a fair hearing before the Austrian courts

in certain civil proceedings under the Power Lines Act;

Whereas the Commission declared the application admissible

on 1 December 1992 and in its report adopted on 31 August 1993

expressed unanimously the opinion that there had been no

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

Convention;

Whereas, at the 510th meeting of the Ministers' Deputies

held on 21 March 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

no violation of Article 6, paragraph 1 (art. 6-1), of the

Convention,

Declares 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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