Resolution ResDH(2005)69
concerning the judgments of the European Court of Human Rights delivered
between 3 October 2000 and 19 June 2003 (final between 3 January 2001 and 19 June 2003)
in 6 cases against Austria (see appendix) concerning the excessive length of certain proceedings
related to civil rights and obligations before the administrative courts
(Adopted by the Committee of Ministers on 18 July 2005
at the 933rd meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the judgments of the European Court of Human Rights in the 6 cases details of which appear in the appendix to this resolution, delivered between 3 October 2000 and 19 June 2003 and transmitted to the Committee of Ministers once they had become final under Articles 44 and 46 of the Convention;
Recalling that the cases originated in applications against Austria, lodged with the European Commission of Human Rights between 26 March 1996 and 23 March 1998 under former Article 25 of the Convention by several Austrian nationals, and that the Court, seised of the cases under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints concerning the excessive length of certain proceedings concerning civil rights and obligations before the administrative courts;
Whereas in its judgments between 3 October 2000 and 19 June 2003 concerning these cases the Court unanimously:
- held that there had been violations of Article 6, paragraph 1, of the Convention;
- held that the government of the respondent state was to pay the applicants, within three months from the date at which the judgments became final, the amounts of just satisfaction set out in the appendix to this resolution and that simple interest at the annual rate set out in the appendix to this resolution would be payable on the sums from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the applicants' claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgments between 3 October 2000 and 19 June 2003, having regard to Austria's obligation under Article 46, paragraph 1, of the Convention to abide by it;
Whereas during the examination of the cases by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new violations of the same kind (see Final Resolution DH(2004)77) in the G.S. case against Austria), in particular through the entry into force on 20 April 2002 of Administrative Reform Act 2001, which aims to alleviate the case-load of the Administrative Court and accelerate administrative proceedings as well as the adoption of legal measures to prevent the Administrative Court from being overburdened by clone cases, and indicated that the Court's judgments had been published in the Official Law Gazette and sent out to the authorities directly concerned;
Having satisfied itself that on the dates indicated in the appendix, the government of the respondent state had paid the applicants the sums provided for in the judgments,
Declares, after having examined the information supplied by the Government of Austria, that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases.
Appendix to Resolution ResDH(2005)69
Details of the just satisfaction awarded to the applicants
Simple interest at an annual rate of 4%.
Case
Application
Date of judgment
Final on
Non-pecuniary damages
Costs
Date of payment
G.H.
31266/96
03/10/00
03/01/01
35 000 ATS
30/03/01
WALDER Franz
33915/96
30/01/01
05/09/01
200 000 ATS
25 000 ATS
10/04/02 *
LUDESCHER Helmut
35019/97
20/12/01
20/03/02
30 000 ATS
30 000 ATS
12/06/02
LUKSCH Heinz
37075/97
13/12/01
13/03/02
130 000 ATS
10 000 ATS
04/06/02
* paid outside the time limit because the applicant's lawyer refused to accept the money which was then put on a deposit.
Simple interest equal to the marginal lending rate of the European Central Bank during the default
period plus three percentage points
Case
Application
Date of judgment
Final on
Non-pecuniary damages
Costs
Date of payment
WIDMANN Johann
42032/98
19/06/03
19/09/03
6 000 €
1 582,92 €
15/10/03
KOLB Max and others
35021/97
17/04/03
17/07/03
27 000 €
4 000 €
26/09/03
Full & Egal Universal Law Academy