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 7 May 1987 by Mr S. against Austria (Application
No. 15207/89);
Whereas on 6 May 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 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 labour court proceedings;
Whereas the Commission declared the application admissible
on 14 October 1991 and in its report adopted on 1st April 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 479th meeting of the Ministers' Deputies
held on 17 September 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
8 April 1993;
Whereas on 18 May 1993 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
applicant within three months, 50 000 schillings in respect of
non-pecuniary damage and 27 000 schillings in respect of costs;
Whereas the Committee of Ministers invited the Government
of Austria to inform it of the measures taken following its
decisions of 17 September 1992 and 18 May 1993, 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
16 June 1993 the Government of Austria paid the applicant the
total sum of 77 000 schillings in respect of 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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