Resolution ResDH(2005)104
concerning the judgment of the European Court of Human Rights
of 24 February 2005 (Friendly settlement)
in the case of Zuckerstätter and Reschenhofer against Austria
(Adopted by the Committee of Ministers on 26 October 2005
at the 940th 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 final judgment of the European Court of Human Rights in the Zuckerstätter and Reschenhofer case delivered on 24 February 2005 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in an application (No. 76718/01) against Austria, lodged with the European Court of Human Rights on 25 October 2001 under Article 34 of the Convention by Mr Wilhelm Zuckerstätter and Mr Christian Reschenhofer, two Austrian nationals, and that the Court declared admissible their complaint concerning the excessive length of certain proceedings to determine a criminal charge before administrative courts, having regard to a traffic offence;
Whereas in its judgment of 24 February 2005 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicants, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously to strike the case out of its list and took note of the parties' undertaking not to request a re-hearing of the case before the Grand Chamber;
Whereas under the above-mentioned friendly settlement it was agreed that the Government of Austria would pay the applicants, the total sum of 10 000 euros, in respect of non-pecuniary damage and costs and expenses within three months as from the delivery of the judgment 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;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (old Rule 44, paragraph 2) provides that the striking-out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that on 23 March 2005 within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicants the sum provided for in the friendly settlement and that no other measure was required in the present case to conform to the Court's judgment,
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.
Full & Egal Universal Law Academy