CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 17 septembre 1992

.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 Obermeier case delivered on 28 June 1990 and transmitted the same day to the Committee of Ministers;   Recalling that the case originated in an application against Austria lodged with the European Commission of Human Rights on 24 September 1985 under Article 25 (art. 25) of the Convention by Mr Karl Obermeier, an Austrian national, who complained that the jurisdictions called upon to rule on the lawfulness of a suspension and a dismissal were not courts within the meaning of Article 6, paragraph 1 (art. 6-1) of the Convention and of the length of the proceedings relating thereto;   Recalling that the case was brought before the Court by the Commission on 16 March 1989 and by the Government of Austria on 7 April 1989;   Whereas in its judgment of 28 June 1990 the Court unanimously:   -     declared that the Government were estopped from      pleading non-exhaustion of domestic remedies;   -     held that there had been a violation of Article 6,      paragraph 1 (art. 6-1), of the Convention;   -     held that it was not necessary to examine the case      under Articles 13 and 14 (art. 13, art. 14);   -     held that the respondent State was to pay to      Mr Obermeier, in respect of non-pecuniary damage, 100      000 Austrian schillings and, for costs and expenses,      100 000 Austrian schillings;   -     dismissed 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 Austria to inform it of the measures which had been taken in consequence of the judgment of 28 June 1990, having regard to its obligation under Article 53 (art. 53) of the Convention to abide by it;   Whereas, during the examination of the case by the Committee of Ministers, the Government of Austria 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 Austria has paid the applicant the sums provided for in the judgment,   Declares, after having taken note of the information supplied by the Government of Austria, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.                   Appendix to Resolution DH(92)51         Information provided by the Government of Austria          during the examination of the Obermeier case                  by the Committee of Ministers   The Disabled Persons (Employment) Act 1970 was amended by an act dated 26 June 1992, which came into force on 1 July 1992.   Appeals from the Disabled Persons Board's decisions with regard to the prior authorisation necessary for any valid dismissal of a disabled person will no longer be heard by the Provincial Governor, whom the Court held not to be an independent tribunal within the meaning of Article 6, paragraph 1 (art. 6-1), of the Convention.   Section 13 of the Disabled Persons (Employment) Act as amended in June 1992 provides for the setting up of an independent Appeals Board which will deal on a national level with all appeals brought against the decisions taken by the Disabled Persons Board in first instance.   The decisions taken by the Appeals Board may be challenged both in the Administrative Court and in the Constitutional Court.   Its composition will be that of a joint board, that is a judge acting as president and four lay assessors, of which two put forward by the Federal Chamber of Commerce, one by the Federal Chamber of Workers and Employees and one by an association of disabled persons.   The members of the board will be nominated by the Minister of Justice for a period of five years, but which is renewable.   The joint composition of the board ensures independence and impartiality and its procedure will comply with the requirements set out in Article 6, paragraph 1 (art. 6-1), of the Convention.   The sums awarded by the Court by way of just satisfaction were paid on 21 August 1990.