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.