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LINGENS CASE

Doc ref: 9815/82 • ECHR ID: 001-55439

Document date: January 16, 1987

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Cited paragraphs: 0
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LINGENS CASE

Doc ref: 9815/82 • ECHR ID: 001-55439

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 judgment of the European Court of Human Rights in

the Lingens case, delivered on 8 July 1986 and transmitted the same

day to the Committee of Ministers;

Recalling that this case had its origin in an application against

Austria lodged on 19 April 1982 with the European Commission of Human

Rights under Article 25 (art. 25) of the convention by an Austrian

national, Mr Peter Michael Lingens, complaining of his conviction for

defamation through the press;

Recalling that this 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 8 July 1986 the Court unanimously held that

there had been a breach of Article 10 (art. 10) of the convention and

that the Republic of Austria was to pay to the applicant

284 538,60 schillings as 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 obligations under Article 53 (art. 53) of the convention to abide

by the judgment;

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

Ministers, the Government of Austria informed the Committee of the

measures taken in consequence of the judgment, this information being

summarised in the appendix to this resolution;

Having satisfied itself that the Government of Austria has paid to the

applicant the sum under Article 50 (art. 50) of the convention

provided for in the judgment of the Court of 8 July 1986,

Declares that it has exercised its function under Article 54 (art. 54)

of the convention in this case.

Appendix to Resolution DH (87) 2

Information provided by the Government of Austria

during the examination of the Lingens case

by the Committee of Ministers

In Austria, the substantive provisions of the European Convention on

Human Rights are part of Austrian constitutional law. Austrian law,

including Article 111 of the Penal Code, will henceforth have to be

interpreted and applied in accordance with Article 10 (art. 10) of the

European Convention on Human Rights, as interpreted by the European

Court of Human Rights in the Lingens case.

The judgment of the European Court of 8 July 1986 has been brought to

the attention of the competent courts.

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

Rights as just satisfaction has been paid to the applicant.

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