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BUCHINGER AGAINST AUSTRIA

Doc ref: 15198/89 • ECHR ID: 001-49404

Document date: February 3, 1994

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BUCHINGER AGAINST AUSTRIA

Doc ref: 15198/89 • ECHR ID: 001-49404

Document date: February 3, 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 7 April 1989 by Mr Johann Buchinger against Austria

(Application No. 15198/89);

Whereas on 24 August 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 his application the applicant complained of the

excessive length of certain civil proceedings;

Whereas the Commission declared the application admissible

on 13 January 1992 and in its report adopted on 1 July 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 485th meeting of the Ministers' Deputies

held on 15 December 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

6 July 1993;

Whereas on 21 September 1993 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

applicant, within three months, 74 000 Austrian schillings for

just satisfaction, which sum includes 20 000 Austrian schillings

for costs and expenses;

Whereas the Committee of Ministers invited the Government

of Austria to inform it of the measures taken following its

decisions of 15 December 1992 and 21 September 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 the

Government of Austria paid the applicant, within the time-limit

set, the sum of 74 000 Austrian schillings in respect of 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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