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 on 6 September 1995 by the European
Commission of Human Rights in accordance with
Article 31 (art. 31) of the Convention relating to the application lodged on 26
July 1991 by Mr Gert Lagler against Austria (Application No. 18624/91);
Whereas on 16 October 1995 the Commission transmitted the said report to
the Committee of Ministers and whereas 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
(art. 4_) 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 (P9) but that the screening panel of the
Court decided on 24 April 1996 that this case would not be considered by the
Court; whereas the Committee of Ministers is therefore now called upon to take a
decision in accordance with Article 32 (art. 32) of the Convention and with
Article 48 (art. 48) of the Convention as amended by Article 5 of Protocol No. 9
(P9-5) for those states having ratified the latter;
Whereas in his application, as declared admissible by the Commission on 6
April 1994 (final decision as to the admissibility), the applicant complained of
the excessive length of certain civil proceedings;
Whereas in its report the Commission expressed, unanimously, the opinion
that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention;
Whereas, at the 567th meeting of the Ministers' Deputies held on 14 June
1996, 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 a violation of
Article 6, paragraph 1 (art. 6-1), 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 (art. 32) of the Convention with a view to adopting the final
resolution.
Full & Egal Universal Law Academy