The Committee of Ministers, under the terms of Article 32
(art. 32) of the Convention for the Protection of Human Rights
and Fundamental Freedoms (hereinafter referred to as "the
Convention"),
Having regard to the report drawn up by the European
Commission of Human Rights in accordance with Article 31
(art. 31) of the Convention relating to the application lodged
on 9 April 1990 by Mr Sigismund and Mrs Elfriede Fuhrmann against
Austria (Application No. 16568/90);
Whereas on 12 October 1993 the Commission transmitted the
said report to the Committee of Ministers and whereas the period
of three months provided for in Article 32, paragraph 1
(art. 32-1), of the Convention has elapsed without the case
having been brought before the European Court of Human Rights in
pursuance of Article 48 (art. 48) of the Convention;
Whereas in their application the applicants complained that
they had not received a fair hearing before the Austrian courts
in certain civil proceedings under the Power Lines Act;
Whereas the Commission declared the application admissible
on 1 December 1992 and in its report adopted on 31 August 1993
expressed unanimously the opinion that there had been no
violation of Article 6, paragraph 1 (art. 6-1), of the
Convention;
Whereas, at the 510th meeting of the Ministers' Deputies
held on 21 March 1994, the Committee of Ministers, agreeing with
the opinion expressed by the Commission, held, having voted in
accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the Convention, that there had been in this case
no violation of Article 6, paragraph 1 (art. 6-1), of the
Convention,
Declares that it has exercised its functions under
Article 32 (art. 32) of the Convention in this case;
Authorises the publication of the report adopted by the
Commission in this case.
Full & Egal Universal Law Academy