Search
document

Document text Analytics

BÖNISCH CASE

Doc ref: 8658/79 • ECHR ID: 001-55438

Document date: January 16, 1987

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 0

BÖNISCH CASE

Doc ref: 8658/79 • ECHR ID: 001-55438

Document date: January 16, 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 judgments of the European Court of Human Rights

in the Bönisch case, delivered on 6 May 1985 and 2 June 1986 and

transmitted the same days 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 a German national,

Mr. Helmut Bönisch, alleging inter alia that the proceedings taken

against him had violated two provisions of Article 6, paragraph 1

(art. 6-1), in that they had not provided a fair trial and

paragraph 3.d (art. 6-3-d), by reason of the inequality of treatment

between the Federal Food Control Institute's expert and the defence's

expert who had been heard only as a witness;

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

European Commission of Human Rights and by the Government of Austria;

Whereas in its judgment of 6 May 1985 the Court unanimously:

- holds that there has been a breach of Article 6, paragraph 1

(art. 6-1);

- holds that it is not necessary to examine the applicant's complaint

concerning Article 6, paragraph 2 (art. 6-2);

- holds that the question of the application of Article 50 (art. 50)

is not ready for decision;

Whereas in its judgment of 2 June 1986 the Court unanimously:

- holds that the respondent state is to pay to the applicant, for

damage, seven hundred thousand (700 000) Austrian schillings;

- holds that the respondent state is to reimburse to the applicant,

for costs and expenses, three hundred thousand (300 000) schillings,

less the one hundred thousand (100 000) schillings already paid by the

Government;

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 judgments, having regard to

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

by the judgments;

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 judgments, this information being

summarised at the appendix to this resolution;

Having satisfied itself that the Government of Austria has awarded the

just satisfaction provided for in the judgment of the Court of

2 June 1986,

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.

Appendix to Resolution DH (87) 1

Information provided by the Government of Austria during the

examination of the Bönisch case by the Committee of Ministers

The Austrian Constitutional Court has ruled, in a case involving the

same provisions of the Food Code as had been at issue in the Bönisch

case, that these provisions are contrary to the Constitution. The

Constitutional Court has invoked the judgment of the European Court of

6 May 1985 in support of its decision. According to the decision of

the Constitutional Court the provisions concerned were abrogated

on 21 October 1986.

The sum provided for in the judgment of the European Court of Human

Rights of 2 June 1986 for damage and for costs and expenses have been

paid to the applicant.

LEXI

Lexploria AI Legal Assistant