CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 14 décembre 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 Oberschlick case delivered on 23 May 1991 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 in June 1985 under Article 25 (art. 25) of the Convention by Mr Gerhard Oberschlick, an Austrian national, who complained of the defamation proceedings instituted against him and his subsequent conviction;        Recalling that the case was brought before the Court by the Commission on 16 February 1990;        Whereas in its judgment of 23 May 1991 the Court:        - rejected, unanimously, the Government's preliminary      objection;        - held, unanimously, that, in the second set of proceedings,      there had been a violation of Article 6, paragraph 1      (art. 6-1), of the Convention as regards the impartiality of      the Vienna Court of Appeal, but not as regards the fairness of      the trial before the Vienna Regional Court;        - held, by sixteen votes to three, that there had been a      violation of Article 10 (art. 10) of the Convention;        - held, unanimously, that Austria was to pay to the applicant      18 123,84 Austrian schillings for pecuniary damage, and      85 285 Austrian schillings for 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 Austria to inform it of the measures which had been taken in consequence of the judgment of 23 May 1991, 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 on 31 July 1991 the Government of Austria has paid the applicant the sums provided for in the judgment of 23 May 1991,        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 (93) 60          Information provided by the Government of Austria          during the examination of the Oberschlick case                   by the Committee of Ministers        A German translation of the judgment of the Court has been brought to the attention of the judicial authorities concerned. The case-law of the Austrian courts has also adapted the interpretation of the crime of defamation (Article 111 of the Criminal Code) to the requirements of the Convention as interpreted by the European Court of Human Rights (see the judgment of the Supreme Court (Oberster Gerichtsfhof) of 18 May 1993 (11 OS 25/93-6)).        The sums awarded by the Court have been paid to the applicant on 31 July 1991. The applicant's conviction has also been deleted from the criminal registers.