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S. AGAINST AUSTRIA

Doc ref: 15207/89 • ECHR ID: 001-49358

Document date: September 21, 1993

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S. AGAINST AUSTRIA

Doc ref: 15207/89 • ECHR ID: 001-49358

Document date: September 21, 1993

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 May 1987 by Mr S. against Austria (Application

No. 15207/89);

Whereas on 6 May 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 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 labour court proceedings;

Whereas the Commission declared the application admissible

on 14 October 1991 and in its report adopted on 1st April 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 479th meeting of the Ministers' Deputies

held on 17 September 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

8 April 1993;

Whereas on 18 May 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, 50 000 schillings in respect of

non-pecuniary damage and 27 000 schillings in respect of costs;

Whereas the Committee of Ministers invited the Government

of Austria to inform it of the measures taken following its

decisions of 17 September 1992 and 18 May 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

16 June 1993 the Government of Austria paid the applicant the

total sum of 77 000 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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