Resolution ResDH(2006)30
concerning the judgment of the European Court of Human Rights
of 24 February 2005 (final on 24 May 2005)
in the case of Nowicky against Austria
(Adopted by the Committee of Ministers on 21 June 2006,
at the 966th 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 (hereinafter referred to as “the Convention”),
Having regard to the judgment of the European Court of Human Rights in the Nowicky case delivered on 24 February 2005 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. 34983/02) against Austria, lodged with the European Court of Human Rights on 28 March 2002 under Article 34 of the Convention by Mr W. Nowicky, an Austrian national, and that the Court declared admissible the complaint concerning the excessive length of certain proceedings concerning civil right and obligations before the administrative court;
Whereas in its judgment of 24 February 2005 the Court unanimously:
- held that there had been a violation of Article 6, paragraph 1, of the Convention;
- held that the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, 1 500 euros in respect of costs and expenses and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points shall be payable from the expiry of the above-mentioned three months until settlement, plus any amount that may be chargeable for tax;
- dismissed the remainder of the applicant’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 24 February 2005, having regard to Austria 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 recalled that measures had already been taken to avoid new violations of the same kind (see Final Resolution DH(2004)77) in the G.S. case against Austria), in particular through the entry into force on 20 April 2002 of Administrative Reform Act 2001, which aims to alleviate the case-load of the Administrative Court and accelerate administrative proceedings as well as the adoption of legal measures to prevent the Administrative Court from being overburdened by clone cases; the government also indicated that the Court’s judgment had been published in the Official Law Gazette and sent out to the authorities directly concerned;
Having satisfied itself that on 24 May 2005, within the time-limit set, the government of the respondent state had paid the applicant the sum provided for in the judgment of 24 February 2005,
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.
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