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 by Andorfer Tonwerke, Walter Hannak
and Co. i.L. against Austria (Application No. 7987/77);
Whereas on 7 May 1982 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 its application introduced on 12 May 1977, the applicant
company complained inter alia that in the compensation proceedings of
its expropriation case its civil rights and obligations were not
determined within a reasonable time as required by Article 6,
paragraph 1 (art. 6-1), of the Convention, and that there was no
effective remedy to a national authority to speed up these
proceedings, as required by Article 13 (art. 13) of the Convention;
Whereas the Commission, after having declared the application partly
admissible on 13 December 1979, in its report adopted on 8 March 1982
examined whether the applicant company's civil right to the award of a
compensation in respect of the expropriation of its land was
determined within a "reasonable time" as required by Article 6,
paragraph 1 (art. 6-1), of the Convention and whether an effective
remedy to a national authority was available to the applicant company
to assert its right under Article 6, paragraph 1 (art. 6-1), of the
Convention to the determination of its civil rights within a
reasonable time;
Whereas in its report the Commission expressed unanimously the opinion
that the applicant company's right under Article 6, paragraph 1
(art. 6-1), of the Convention to the determination of its civil rights
within a reasonable time had been violated and whereas the Commission
did not find it necessary to make a separate finding under Article 13
(art. 13) of the Convention as the essence of the complaint in the
concrete case had already been dealt with under Article 6 (art. 6);
Agreeing with the opinion expressed by the Commission in accordance
with Article 31, paragraph 1 (art. 31-1), of the Convention;
Whereas during the examination of this case, the Government of Austria
informed the Committee of Ministers that it would be prepared to pay
to the applicant company a compensation amounting to 100 000 Austrian
Schillings, should the Committee of Ministers decide that there had
been a violation of the Convention in this case;
Taking note with satisfaction of the compensation proposed and paid by
the Government of Austria to the applicant company;
Voting in accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the Convention,
i. Decides that in this case there has been a violation of
Article 6, paragraph 1 (art. 6-1), of the Convention;
ii. Decides that no further action is called for in this case.