CASE OF LECHNER AND OTHERS

Doc ref: 9316/81 • ECHR ID: 001-55444

Document date: September 25, 1987

Doc ref: 9316/81 • ECHR ID: 001-55444

Document date: September 25, 1987

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54 (art. 54) of

the Convention for the Protection of Human Rights and Fundamental

Freedoms (hereinafter referred to as "the convention"),

Having regard to the judgment of the European Court of Human Rights in

the Lechner and others case, delivered on 23 April 1987 and

transmitted the same day to the Committee of Ministers;

Recalling that the case had its origin in an application against

Austria lodged with the European Commission of Human Rights under

Article 25 (art. 25) of the convention by three Austrian citizens,

Mr Siegfried Lechner, Mrs Rosalia Lechner and Mrs Rosalia Hess,

alleging that the length of civil and criminal proceedings they had

instituted against two persons had exceeded the "reasonable time"

stipulated in Article 6, paragraph 1 (art. 6-1), of the convention;

Recalling that the case had been brought before the Court by the

European Commission of Human Rights;

Whereas in its judgment of 23 April 1987 the Court unanimously held

that there had been a breach of Article 6, paragraph 1 (art. 6-1),

that the respondent state was to pay the applicants two hundred

thousand (200 000) schillings for damage and one hundred and fifty

thousand (150 000) schillings for costs and expenses, and rejected

the remainder of the claim for just satisfaction;

Having regard to the "Rules concerning the application of Article 54

(art. 54) of the convention";

Having invited the Government of Austria to inform it of the measures

which had been taken in consequence of the judgment, having regard to

its obligation under Article 53 (art. 53) of the convention to abide

by the judgment;

Whereas, during the examination of this case by the Committee of

Ministers, the Government of Austria informed the Committee of the

measures taken in consequence of the judgment;

Having satisfied itself that the Government of Austria has paid the

applicants the sum provided for in the Court's judgment of

23 April 1987,

Declares, after taking note of the information supplied by the

Government of Austria, that it has exercised its function under

Article 54 (art. 54) of the convention in this case.

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