Final resolution DH (99) 536
HUMAN RIGHTS
APPLICATION No. 23394/94
GMEINER AGAINST AUSTRIA
(Adopted by the Committee of Ministers on 8 October 1999
at the 680th 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 (97) 582, adopted on 15 December 1997 in the case of Gmeiner against Austria, in which the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, of the Convention and 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 18 May 1998;
Whereas at the 666th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 15 April 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, the global sum of 36 000 Austrian schillings, 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 15 December 1997 and 15 April 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 accordingly recalled that measures had already been taken to avoid further violations of the same kind as the one found in this case, notably through the setting up of independent administrative tribunals, following an amendment adopted on 29 November 1988 to the Federal Constitution (see Resolutions DH (96) 153 and DH (96) 154 in the cases of Schmautzer and Umlauft 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 May and in June 1999, within the time-limit set, the Government of the respondent State had paid the applicant the total sum of 36 000 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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