CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 21 septembre 1993

.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 case of Mlynek against Austria delivered on 27 October 1992 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 21 March 1989 under Article 25 (art. 25) of the Convention by Mr Hannes Mlynek, an Austrian national, who complained of the excessive length of criminal proceedings instituted against him;        Recalling that the Commission declared the application admissible on 2 July 1990 and in its report adopted on 9 December 1991 expressed unanimously the opinion that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the Convention;        Recalling that the case was brought before the Court by the Commission on 21 February 1992;        Whereas in its judgment of 27 October 1992 the Court, having taken formal note of a friendly settlement reached by the Government of Austria and the applicant and having found that there was no reason of public policy militating against striking the case off its list, decided unanimously to strike the case out of the list;        Whereas under the above-mentioned friendly settlement it was agreed that the Austrian Federal Government would exonerate the applicant from the obligation to pay the costs and fees (in particular experts' fees) incurred in the proceedings before the Vienna regional criminal court, in accordance with a claim to be made once the decision in the proceedings complained of had become final;        Recalling that Rule 49, paragraph 3, of the Court's rules provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers in order to allow it to supervise, in accordance with Article 54 (art. 54) of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;        Having invited the Government of Austria to inform it of the measures taken for the execution of the undertakings attached to the solution of the case;        Having satisfied itself that by a decision of 12 July 1993 the Government of Austria has exonerated the applicant, in accordance with a request made by him after the decision in the proceedings complained of had become final, from the obligation to pay costs and fees (including experts' fees) incurred in the proceedings before the Vienna regional criminal court (case No. 12 b EVr 3079/91, Hv 1799/91, formerly No. 12 b Vr 3769/81, Hv 3646/87/90),        Declares that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.