Resolution ResDH(2005)23
concerning the judgment of the European Court of Human Rights
of 11 December 2003 (final on 11 March 2004)
in the case of Krone Verlag GmbH & CoKG No. 3 against Austria
(Adopted by the Committee of Ministers on 25 April 2005
at the 922nd meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the judgment of the European Court of Human Rights in the case of Krone Verlag GmbH & CoKG No. 3 delivered on 11 December 2003 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;
Recalling that the case originated in an application (No. 39069/97) against Austria, lodged with the European Commission of Human Rights on 18 September 1997 under former Article 25 of the Convention by Krone Verlag GmbH & CoKG, a limited partnership registered under Austrian law, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint that the applicant company, a newspaper, had suffered a disproportionate interference in its freedom of expression on account of an injunction issued against it in 1997, under the Unfair Competition Act, banning it in particular from comparing its sale prices with those of a competitor newspaper without disclosing the differences in their reporting styles;
Whereas in its judgment of 11 December 2003 the Court unanimously:
- held that there had been a violation of Article 10 of the Convention in that the decision imposing the injunction was based on inconsistent reasoning and in that the injunction was far too broad and impaired the very essence of price comparison, making its practical implementation very difficult;
- held that the government of the respondent state was to pay the applicant company, within three months from the date at which the judgment became final, 620.22 euros in respect of pecuniary damage; 6 000 euros in respect of costs and expenses, 200 euros in respect of additional interest and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points would be payable from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the applicant company's claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgment of 11 December 2003, having regard to Austria's obligation under Article 46, paragraph 1, of the Convention to abide by it;
Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state gave the Committee information about the measures taken to erase the consequences of the violation found and to prevent new, similar violations in the future; this information appears in the appendix to this resolution;
Having satisfied itself that on 24 May 2004, within the time-limit set, the government of the respondent state had paid the applicant the sums provided in the judgment of 11 December 2003,
Declares, after having examined the information supplied by the Government of Austria, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
Appendix to Resolution ResDH(2005)23
Information provided by the Government of Austria
during the examination of the case of Krone Verlag GmbH & CoKG No. 3
by the Committee of Ministers
As regards the individual measures, the government points out that the enforcement of the impugned injunction was never requested. The European Court of Human Rights having found the injunction contrary to the Convention, its enforcement would thereafter have been considered unlawful. As a result, the applicant company does not suffer any negative consequences of the violation found.
As regards the general measures, the judgment of the European Court was widely published and disseminated in Austria. An extensive German translation of the judgment was published in the Österreichische Juristenzeitung (ÖJZ 2004, p. 397), in the ÖIMR-Newsletter 2003/6 (http//oim) and in the “legal overview” of the daily newspaper Die Presse on 12 January 2004. As for all other judgments of the European Court against Austria concerning questions of criminal law, the judgment was automatically transmitted, on 12 December 2003, to the presidents of all higher courts in order to bring the judgment to the attention of all judicial authorities in their area of competence. Furthermore, judgments of the European Court are accessible to all judges and state attorneys through the Internet database of the Austrian Federal Chancellery.
In view of the direct effect granted to the Convention and the European Court's case-law by all supreme judicial authorities in Austria (see Resolution DH(93)60 in the case of Oberschlick No. 1 and Resolution ResDH(2002)99 in the case of Ahmed), the government believes that the domestic courts will not fail to adapt their practice to the Convention requirements, as set out in the present judgment, thus preventing new violations, similar to that found in this case.
The government therefore considers that Austria has satisfied its obligations under Article 46, paragraph 1, of the Convention to erase the consequences of the violation found in the present case and to prevent new, similar violations in the future.
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