The Committee of Ministers, under the terms of Article 54
(art. 54) 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 Wiesinger case delivered on 30 October 1991 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application against
Austria lodged with the European Commission of Human Rights on
12 August 1985 under Article 25 (art. 25) of the Convention by
Mr Konrad and Mrs Klara Wiesinger, Austrian nationals, who
complained inter alia of the length of certain land consolidation
proceedings, of a violation of their right of property and of
discriminatory treatment on the part of the authorities;
Recalling that the case was brought before the Court by the
Commission on 11 July 1990;
Whereas in its judgment of 30 October 1991 the Court, inter
alia:
- held unanimously that there had been a violation of
Article 6, paragraph 1 (art. 6-1), of the Convention;
- held, by eight votes to one, that there had been no
violation of Article 1 of Protocol No. 1 (P1-1);
- held unanimously that it was not necessary to examine the
complaint under Article 14 of the Convention, taken in
conjunction with Article 1 of Protocol No. 1 (art. 14+P1-1);
- held unanimously that the Republic of Austria was to pay,
within three months, 200 000 Austrian schillings to Mr Wiesinger
for non-pecuniary damage and 500 000 Austrian schillings to both
applicants for costs and expenses;
- dismissed unanimously the remainder of the claim for just
satisfaction;
Having regard to the Rules adopted by the Committee of
Ministers concerning the application of Article 54 (art. 54) of
the Convention;
Having invited the Government of Austria to inform it of the
measures which had been taken in consequence of the judgment of
30 October 1991, having regard to its obligation under
Article 53 (art. 53) of the Convention to abide by it;
Whereas, during the examination of the case by the Committee
of Ministers, the Government of Austria gave the Committee
information about the measures taken in consequence of the
judgment, which information appears in the appendix to this
resolution;
Having satisfied itself that the Government of Austria has
paid to the applicants in two parts, on 5 December 1991 and
21 January 1992, the sums provided for in the judgment
of 30 October 1991,
Declares after having taken note of the information supplied
by the Government of Austria that it has exercised its functions
under Article 54 (art. 54) of the Convention in this case.
Appendix to Resolution DH (94) 45
Information provided by the Government of Austria
during the examination of the Wiesinger case
by the Committee of Ministers
The Austrian Government considers that the legislative
amendments made over the last years will simplify and speed up
the proceedings in land consolidation cases, thus preventing the
repetition of violations of the kind found in the present case.
The Agricultural Proceedings Act (Agrarverfahrensgesetz
1950) has been amended (BGBl Nr. 901/1993) in order to adapt it
to recent developments in administrative law, in particular under
the General Administrative Procedure Act (Allgemeines
Verwaltungsverfahrensgesetz 1950); the new act streamlines the
procedure and provides among other things for a public hearing
in agricultural proceedings.
Changes have also been introduced in the Federal
Agricultural Authorities Act (Agrarbehördengesetz 1950 -
BGBl Nr. 902/1993) in order to take into account the problems
which have arisen under the Convention. According to the new
legislation questions regarding compensation under the Federal
Agricultural Land Planning (General Principles) Act
(Flurverfassungs-Grundsatzgesetz 1951) are henceforth to be
decided by the Provincial Land Reform Board (Landesagrarsenat)
at first instance, with a right to appeal to the Supreme Land
Reform Board (Oberster Agrarsenat).
These reforms entered into force on 1 January 1994.
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