GOBRECHT AGAINST AUSTRIA

Doc ref: 11744/85 • ECHR ID: 001-49297

Document date: October 23, 1990

Doc ref: 11744/85 • ECHR ID: 001-49297

Document date: October 23, 1990

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 22 April 1985 by

Mr Heinrich Gobrecht against Austria (Application No. l1744/85);

Whereas on 22 August 1989 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 civil proceedings;

Whereas the Commission declared the application admissible on

6 July 1988 and in its report adopted on 3 July 1989 expressed

unanimously the opinion that there had been a violation of

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

Agreeing with the opinion expressed by the Commission in accordance

with Article 31, paragraph 1 (art. 31-1), of the Convention;

Having examined the proposals made by the Commission concerning just

satisfaction for the applicant,

Decides, having voted in accordance with the provisions of

Article 32, paragraph 1 (art. 32-1), of the Convention, that there has

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

Convention in this case;

Recommends, under Rule 5 of the Rules adopted by the Committee of

Ministers for the application of Article 32 (art. 32) of the Convention,

that the Government of Austria pay to the applicant the sums of

200 000 Austrian schillings in respect of material damage,

50 000 schillings in respect of non-pecuniary damage and

25 000 schillings in respect of legal costs;

Decides, therefore, that no further action is called for in this

case.

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