CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 16 janvier 1987

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }  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 Lingens case, delivered on 8 July 1986 and transmitted the same day to the Committee of Ministers;   Recalling that this case had its origin in an application against Austria lodged on 19 April 1982 with the European Commission of Human Rights under Article 25 (art. 25) of the convention by an Austrian national, Mr Peter Michael Lingens, complaining of his conviction for defamation through the press;   Recalling that this case had been brought before the Court by the European Commission of Human Rights and by the Government of Austria;   Whereas in its judgment of 8 July 1986 the Court unanimously held that there had been a breach of Article 10 (art. 10) of the convention and that the Republic of Austria was to pay to the applicant 284 538,60 schillings as just satisfaction;   Having regard to the "Rules concerning the application of Article 54 (art. 54) of the convention";   Having invited the Government of Austria to inform it of the measures which had been taken in consequence of the judgment, having regard to its obligations under Article 53 (art. 53) of the convention to abide by the judgment;   Whereas, during the examination of the case by the Committee of Ministers, the Government of Austria informed the Committee of the measures taken in consequence of the judgment, this information being summarised in the appendix to this resolution;   Having satisfied itself that the Government of Austria has paid to the applicant the sum under Article 50 (art. 50) of the convention provided for in the judgment of the Court of 8 July 1986,   Declares that it has exercised its function under Article 54 (art. 54) of the convention in this case.   Appendix to Resolution DH (87) 2   Information provided by the Government of Austria during the examination of the Lingens case by the Committee of Ministers   In Austria, the substantive provisions of the European Convention on Human Rights are part of Austrian constitutional law.   Austrian law, including Article 111 of the Penal Code, will henceforth have to be interpreted and applied in accordance with Article 10 (art. 10) of the European Convention on Human Rights, as interpreted by the European Court of Human Rights in the Lingens case.   The judgment of the European Court of 8 July 1986 has been brought to the attention of the competent courts.   The sum provided for in the judgment of the European Court of Human Rights as just satisfaction has been paid to the applicant.