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 29 September 1986 by two banks, R. and R. against Austria
(Application No. 12593/86);
Whereas on 6 July 1992 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 their application the two applicant banks
complained that in certain criminal proceedings and the
subsequent customs proceedings against one of their clients their
civil rights were not determined within a reasonable time;
Whereas the Commission declared the application admissible
on 10 October 1990 and in its report adopted on 20 May 1992
expressed unanimously the opinion that there had been a violation
of Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas, at the 483rd meeting of the Ministers' Deputies
held on 10 November 1992, 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;
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
10 September 1993;
Whereas at the 507th meeting of the Ministers' Deputies,
held on 3 February 1994, the Committee of Ministers held, in
accordance with Article 32, paragraph 2 (art. 32-2), of the
Convention, that the Government of Austria was to pay the two
applicant banks as just satisfaction, within three months,
550 000 Austrian schillings in respect of non-pecuniary and
pecuniary damage and 150 000 Austrian schillings (including VAT)
in respect of costs and expenses;
Whereas the Committee of Ministers invited the Government
of Austria to inform it of the measures taken following its
decisions of 10 November 1992 and 3 February 1994, having regard
to Austria's obligation under Article 32, paragraph 4
(art. 32-4), of the Convention to abide by them;
Whereas the Committee of Ministers satisfied itself that on
21 March 1994 the Government of Austria paid the two applicant
banks the total sum of 700 000 Austrian schillings as just
satisfaction,
Declares, having taken note of the measures taken by the
Government of Austria, that it has exercised its functions under
Article 32 (art. 32) of the Convention in this case;
Authorises the publication of the report adopted by the
Commission in this case.
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