Final resolution DH (99) 683
HUMAN RIGHTS
APPLICATION No. 26252/95
FISCHER JOSEPH II AGAINST AUSTRIA
(Adopted by the Committee of Ministers on 3 December 1999
at the 688th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to Interim Resolution DH (98) 379, adopted on 12 November 1998 in the case of Fischer Joseph II against Austria, in which the Committee of Ministers decided that there had been in this case a violation of Article 6 of the Convention, in that there had been no oral hearing before the Administrative Court, and decided to make public the report of the European Commission of Human Rights;
Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 30 March 1999;
Whereas at the 672nd meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 9 June 1999, in accordance with Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay the applicant as just satisfaction, within three months, a total sum of 150 000 Austrian schillings, global amount for both cases Fischer Joseph II and Fischer Joseph III (see Final Resolution DH (99) 684), and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;
Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decisions of 12 November 1998 and 9 June 1999, having regard to Austria’s obligation under Article 32, paragraph 4, of the Convention to abide by them;
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 as the one found in this case, notably through the entry into force on 1 September 1997, of section 39, paragraph 2 (6), of Act No. 88 of 13 August 1997 which modified the law concerning administrative courts (see Resolutions DH (97) 405 and DH (98) 85 in the cases of Stallinger et Kuso and Fischer Joseph I against Austria), and indicated that the Commission’s report as well as the Committee of Ministers’ decisions had been sent out to the authorities directly concerned;
Whereas the Committee of Ministers satisfied itself that in July 1999, within the time-limit set, the Government of the respondent State had paid the applicant the total sum of 150 000 Austrian schillings as just satisfaction,
Declares, after having taken note of the measures taken by the Government of Austria, that it has exercised its functions under Article 32 of the Convention in this case.
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