AUTRONIC AG CASE



        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 Autronic AG case delivered on 22 May 1990 and

transmitted the same day to the Committee of Ministers;

        Recalling that the case originated in an application

against Switzerland lodged with the European Commission of Human

Rights on 9 January 1987 under Article 25 (art. 25) of the

Convention by a Swiss company, Autronic AG, which complained of

the refusal by the Swiss authorities to authorise the company to

receive by means of a private dish aerial uncoded television

programmes from a Soviet telecommunications satellite;

        Recalling that the case was brought before the Court by

the Commission on 12 April 1989 and by the Government of

Switzerland on 6 July 1989;

        Whereas in its judgment of 22 May 1990 the Court:

      - held by sixteen votes to two that Article 10 (art. 10)

applied and that there had been a breach of it;

      - held unanimously that Switzerland was to pay the

applicant company 25 000 Swiss francs costs and expenses;

      - dismissed unanimously the remainder of the claim for just

satisfaction;

        Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of

the Convention;

        Having invited the Government of Switzerland to inform

it of the measures which had been taken in consequence of the

judgment of 22 May 1990, having regard to its obligation under

Article 53 (art. 53) of the Convention to abide by it;

        Whereas, during the examination of this case by the

Committee of Ministers, the Government of Switzerland gave the

Committee information about the measures taken in consequence of

the judgment, which information appears in the appendix to this

resolution;

        Having satisfied itself that the Government of

Switzerland has paid the applicant company the sum provided for

in the judgment,

        Declares, after having taken note of the information

supplied by the Government of Switzerland, that it has exercised

its functions under Article 54 (art. 54) of the Convention in

this case.

               Appendix to Resolution DH (91) 26

     Information provided by the Government of Switzerland

        during the examination of the Autronic AG case

               before the Committee of Ministers

     Ordinance No. 1 relating to the Federal Act of

14 October 1922 regulating telegraph and telephone communications

was amended on 21 December 1990.  The amended ordinance came into

force retroactively on 23 May 1990, in other words the day

following delivery of the Court's judgment.

     According to Section 78, sub-paragraphs 1.a and f of the

amended Ordinance, the community antenna licence entitles the

holder to:

"a.  receive and rebroadcast, through the local distribution

network defined in the licence, radio and television programmes

which comply with the provisions of the International

Telecommunication Convention of 6 November 1982, of the

International Radio Regulations, of the conventions and

agreements concluded within the International Telecommunication

Union and of the European Convention on Transfrontier Television

of 5 May 1989;"

"f.  retransmit, on the authorisation of the department, by

virtue of Section 28 of the Federal Decree of 18 December 1987

on satellite broadcasting, radio and television programmes

retransmitted by satellite under a foreign licence."

     Section 106 concerning the content of the broadcasting

licence III entitles the holder to:

"a.  receive and retransmit television programmes received from

foreign transmitters that comply with the provisions of the

International Telecommunication Convention of 6 November 1982,

of the International Radio Regulations, of the conventions and

agreements concluded within the International Telecommunication

Union and of the European Convention on Transfrontier Television

of 5 May 1989;

b.   retransmit, on the authorisation of the department, by

virtue of Section 28 of the Federal Decree of 18 December 1987

on satellite broadcasting, television programmes retransmitted

by satellite under a foreign licence."

     The sum awarded by the Court to the applicant company was

paid on 25 June 1990.

 

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