Final resolution DH (99) 438
HUMAN RIGHTS
APPLICATION No. 21585/93
RESCH AGAINST AUSTRIA
(Adopted by the Committee Ministers on 15 July 1999
at the 677nd 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) 586, adopted on 15 December 1997 in the case of Resch 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 637th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 10 July 1998, 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, a total sum of 45 000 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 10 July 1998, 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 new violations of the same kind as that found in this case, notably through setting up independent administrative tribunals (Unabhängige Verwaltungssenate), following an amendment of the Federal Constitution of 1929, BundesVerfassungsgesetz-Novelle 1988, adopted on 29 November 1988 and published in Bundesgesetzblatt No. 685/1988 (see Resolutions DH (96) 153 in the case of Schmautzer and DH (96) 154 in the case of Umlauft), 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 on 12 August 1998, within the time-limit set, the Government of the respondent State had paid the applicant the total sum of 45 000 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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