CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 18 octobre 1991

.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 Autronic AG case delivered on 22 May 1990 and transmitted the same day to the Committee of Ministers;           Recalling that the case originated in an application against Switzerland lodged with the European Commission of Human Rights on 9 January 1987 under Article 25 (art. 25) of the Convention by a Swiss company, Autronic AG, which complained of the refusal by the Swiss authorities to authorise the company to receive by means of a private dish aerial uncoded television programmes from a Soviet telecommunications satellite;           Recalling that the case was brought before the Court by the Commission on 12 April 1989 and by the Government of Switzerland on 6 July 1989;           Whereas in its judgment of 22 May 1990 the Court:         - held by sixteen votes to two that Article 10 (art. 10) applied and that there had been a breach of it;         - held unanimously that Switzerland was to pay the applicant company 25 000 Swiss francs costs and expenses;         - dismissed unanimously the remainder of the claim for just satisfaction;           Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 (art. 54) of the Convention;           Having invited the Government of Switzerland to inform it of the measures which had been taken in consequence of the judgment of 22 May 1990, having regard to its obligation under Article 53 (art. 53) of the Convention to abide by it;           Whereas, during the examination of this case by the Committee of Ministers, the Government of Switzerland gave the Committee information about the measures taken in consequence of the judgment, which information appears in the appendix to this resolution;           Having satisfied itself that the Government of Switzerland has paid the applicant company the sum provided for in the judgment,           Declares, after having taken note of the information supplied by the Government of Switzerland, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.                  Appendix to Resolution DH (91) 26        Information provided by the Government of Switzerland         during the examination of the Autronic AG case                before the Committee of Ministers        Ordinance No. 1 relating to the Federal Act of 14 October 1922 regulating telegraph and telephone communications was amended on 21 December 1990.   The amended ordinance came into force retroactively on 23 May 1990, in other words the day following delivery of the Court's judgment.        According to Section 78, sub-paragraphs 1.a and f of the amended Ordinance, the community antenna licence entitles the holder to:   "a.   receive and rebroadcast, through the local distribution network defined in the licence, radio and television programmes which comply with the provisions of the International Telecommunication Convention of 6 November 1982, of the International Radio Regulations, of the conventions and agreements concluded within the International Telecommunication Union and of the European Convention on Transfrontier Television of 5 May 1989;"   "f.   retransmit, on the authorisation of the department, by virtue of Section 28 of the Federal Decree of 18 December 1987 on satellite broadcasting, radio and television programmes retransmitted by satellite under a foreign licence."        Section 106 concerning the content of the broadcasting licence III entitles the holder to:   "a.   receive and retransmit television programmes received from foreign transmitters that comply with the provisions of the International Telecommunication Convention of 6 November 1982, of the International Radio Regulations, of the conventions and agreements concluded within the International Telecommunication Union and of the European Convention on Transfrontier Television of 5 May 1989;   b.    retransmit, on the authorisation of the department, by virtue of Section 28 of the Federal Decree of 18 December 1987 on satellite broadcasting, television programmes retransmitted by satellite under a foreign licence."        The sum awarded by the Court to the applicant company was paid on 25 June 1990.