Final resolution DH (2000) 1
HUMAN RIGHTS
APPLICATION No. 23957/94
BREITENEDER AGAINST AUSTRIA
(Adopted by the Committee of Ministers on 14 February 2000
at the 695th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to Interim Resolution DH (98) 215, adopted on 10 July 1998 in the case of Breiteneder against Austria, in which the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, of the Convention as a result of the excessive length of certain civil proceedings, and to make public the report of the European Commission of Human Rights;
Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 17 June 1999;
Whereas at the 680th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 8 October 1999, in accordance with Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay the applicant as just satisfaction, within three months, 90 000 Austrian schillings in respect of non-pecuniary damage and 13 500 Austrian schillings in respect of costs and expenses, namely a total sum of 103 500 Austrian schillings, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;
Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decisions of 10 July 1998 and 8 October 1999, having regard to Austria’s obligation under Article 32, paragraph 4, of the Convention to abide by them;
Whereas during the examination of the case by the Committee of Ministers, the Government of the respondent State indicated that the Commission’s report as well as the Committee of Ministers’ decisions had been sent out to the authorities directly concerned;
Whereas the Committee of Ministers satisfied itself that on 18 November 1999, within the time-limit set, the Government of the respondent State had paid the applicant the total sum of 103 500 Austrian schillings as just satisfaction,
Declares, after having taken note of the measures taken by the Government of Austria, that it has exercised its functions under Article 32 of the Convention in this case.
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