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 22 April 1985 by
Mr Heinrich Gobrecht against Austria (Application No. l1744/85);
Whereas on 22 August 1989 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 his application the applicant complained of the excessive
length of civil proceedings;
Whereas the Commission declared the application admissible on
6 July 1988 and in its report adopted on 3 July 1989 expressed
unanimously the opinion that there had been a violation of
Article 6, paragraph 1 (art. 6-1), of the Convention;
Agreeing with the opinion expressed by the Commission in accordance
with Article 31, paragraph 1 (art. 31-1), of the Convention;
Having examined the proposals made by the Commission concerning just
satisfaction for the applicant,
Decides, having voted in accordance with the provisions of
Article 32, paragraph 1 (art. 32-1), of the Convention, that there has
been a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention in this case;
Recommends, under Rule 5 of the Rules adopted by the Committee of
Ministers for the application of Article 32 (art. 32) of the Convention,
that the Government of Austria pay to the applicant the sums of
200 000 Austrian schillings in respect of material damage,
50 000 schillings in respect of non-pecuniary damage and
25 000 schillings in respect of legal costs;
Decides, therefore, that no further action is called for in this
case.
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