Resolution CM/ResDH(2026)43
Execution of the judgment of the European Court of Human Rights
Künsberg Sarre against Austria
(Adopted by the Committee of Ministers on 8 April 2026
at the 1556th meeting of the Ministers' Deputies)
Application No.
Case
Judgment of
Final on
19475/20
KÜnsberg Sarre
17/01/2023
26/06/2023
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violation established concerning the applicants’ right to respect for their private and family life on account of the prohibition of the use of the prefix “von” as part of their surnames after long periods of previously accepted use;
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment, and noting that no award of just satisfaction was made by the Court in the present case (see document DH-DD(2025)1378);
Noting the government’s position that the scope of the Court’s judgment is limited to the use of the prefix “von” as a name component and does not extend to its use as a title of nobility; noting, in this light, the general measures taken to prevent similar violations, here in particular the circular notes issued by the Austrian Ministry of the Interior to the authorities concerned as well as the recent case law from the Constitutional Court;
Underlining that further issues relating to nobiliary particles and aristocratic titles are pending before the Court and that the closure of this case in no way prejudges the Court’s evaluation of those issues;
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.