The Committee of Ministers, under the terms of Article 54
(art. 54) of the Convention for the Protection of Human Rights and
Fundamental Freedoms (hereinafter referred to as "the Convention"),
Having regard to the judgment of the European Court of Human Rights in
the Inze case, delivered on 28 October 1987 and transmitted the same
day to the Committee of Ministers;
Recalling that the case originated in an application against Austria
lodged with the European Commission of Human Rights on 20 June 1979
under Article 25 (art. 25) of the Convention by Mr Maximilian Inze, an
Austrian national, who complained that he had been discriminated
against, on account of his illegitimate birth, in the enjoyment of
property rights relating to his mother's hereditary farm;
Recalling that the case was brought before the Court by the
Commission on 14 May 1986 and by the Government of Austria
on 16 July 1986;
Whereas in its judgment of 28 October 1987 the Court unanimously:
- held that the applicant could still claim to be a "victim" within
the meaning of Article 25 (art. 25) of the Convention;
- held that there had been a breach of Article 14 of the Convention,
taken together with Article 1 of Protocol No. 1 (art. 14+P1-1);
- held that the respondent state was to pay to the applicant, for
damage, 150 000 Austrian schillings, and, for costs and expenses, the
sum resulting from the calculations to be made in accordance with
paragraph 57 of the judgment;
- rejected the remainder of the claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers
concerning the application of Article 54 (art. 54) of the Convention;
Having invited the Goverment of Austria to inform it of the measures
which had been taken in consequence of the judgment of
28 October 1987, having regard to its obligation under Article 53
(art. 53) of the Convention to abide by it;
Whereas, during the examination of the case by the Committee of
Ministers, the Government of Austria gave the Committee information
about the measures taken in consequence of the judgment, which
information appears in the appendix to this resolution;
Having satisfied itself that the Government of Austria has paid the
applicant the sums provided for in the judgment of 28 October 1987,
Declares, after taking note of the information supplied by the
Government of Austria, that it has exercised its functions under
Article 54 (art. 54) of the Convention in this case.
Appendix to Resolution DH (90) 21
Information provided by the Government of Austria
during the examination of the Inze case
by the Committee of Ministers
The Carinthian Hereditary Farms Act of 1903 whose section 7.2
provided inter alia that legitimate children shall always take
precedence over illegitimate children when determining the principal
heir has been replaced by the Carinthian Hereditary Farms Act 1990,
which was adopted on 13 December 1989 and came into force on
1 January 1990.
According to the provisions of this Act and in particular
Section 6.1.4 and Section 6.2.2 thereof, the attribution of a
hereditary farm shall take place henceforth according to objective
criteria such as training for running farms, the fact of having been
brought up on the particular property, the degree of relationship
to the de cuius or the ability of the heirs to run the farm, and not
on criteria such as birth in or out of wedlock.
The sums awarded by the Court to the applicant by way of just
satisfaction were paid on 16 November 1987.
Full & Egal Universal Law Academy