INTERIM resolution DH (98) 310
HUMAN RIGHTS
APPLICATION No. 23671/94
GEBHARD FIDLER AGAINST AUSTRIA
(Adopted by the Committee of Ministers on 25 September 1998
at the 640th 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 the report drawn up on 3 December 1997, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 13 December 1993 by an Austrian national, Mr Gebhard Fidler against Austria;
Whereas on 15 January 1998 the Commission transmitted the said report to the Committee of Ministers and the case has not been referred to the European Court of Human Rights, either by the Commission or by a State entitled to do so under Article 48 of the Convention, within the time-limit of three months from the transmission of the report to the Chairman of the Committee of Ministers; considering, however, that within this time-limit, the applicant seized the Court in accordance with Protocol No. 9 but that the screening panel of the Court decided on 31 July 1998 that this case would not be considered by the Court; whereas the Committee of Ministers is now therefore called upon to take a decision in accordance with Article 32 of the Convention and with Article 48 of the Convention as amended by Article 5 of Protocol No. 9 for those States having ratified the latter;
Whereas in his application, as declared admissible by the Commission on 4 September 1996, the applicant complained that the courts' failure to give a decision as regards his request for access to his children, at Christmas 1992, had amounted to a breach of his right of access to a court and had violated his right to respect for family life;
Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention and that no separate issue arose under Article 8 of the Convention;
Whereas, at the 640th meeting of the Ministers' Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 25 September 1998, that there had been in this case a violation of Article 6, paragraph 1, of the Convention,
Authorises the publication of the report adopted by the Commission in this case;
Decides to pursue the examination of the present case, in accordance with Article 32 of the Convention with a view to adopting the final resolution.
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