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
on 7 April 1989 by Mr Johann Buchinger against Austria
(Application No. 15198/89);
Whereas on 24 August 1992 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 his application the applicant complained of the
excessive length of certain civil proceedings;
Whereas the Commission declared the application admissible
on 13 January 1992 and in its report adopted on 1 July 1992
expressed unanimously the opinion that there had been a violation
of Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas, at the 485th meeting of the Ministers' Deputies
held on 15 December 1992, the Committee of Ministers, agreeing
with the opinion expressed by the Commission, held, having voted
in accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the Convention, that there had been in this case
a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention;
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
6 July 1993;
Whereas on 21 September 1993 the Committee of Ministers
held, in accordance with Article 32, paragraph 2 (art. 32-2), of
the Convention, that the Government of Austria was to pay the
applicant, within three months, 74 000 Austrian schillings for
just satisfaction, which sum includes 20 000 Austrian schillings
for costs and expenses;
Whereas the Committee of Ministers invited the Government
of Austria to inform it of the measures taken following its
decisions of 15 December 1992 and 21 September 1993, having
regard to Austria's obligation under Article 32, paragraph 4
(art. 32-4), of the Convention to abide by them;
Whereas the Committee of Ministers satisfied itself that the
Government of Austria paid the applicant, within the time-limit
set, the sum of 74 000 Austrian schillings in respect of just
satisfaction,
Declares, having taken note of the measures taken by the
Government of Austria, that it has exercised its functions under
Article 32 (art. 32) of the Convention in this case;
Authorises the publication of the report adopted by the
Commission in this case.
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