CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 3 février 1994

.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 Kremzow against Austria delivered on 21 September 1993 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 1 August 1986 under Article 25 (art. 25) of the Convention by Mr Friedrich Wilhelm Kremzow, an Austrian national, who alleged that certain criminal proceedings brought against him had not been dealt with fairly and publicly before the Austrian Supreme Court;        Recalling that the case was brought before the Court by the Commission on 11 September 1992 and by the Government of Austria on 1 October 1992;        Whereas in its judgment of 21 September 1993 the Court unanimously:        - joined the Government's preliminary objections to the merits;        - held that it was not necessary to decide the Government's preliminary objection in respect of the applicant's complaint that he was not present at the hearing of the pleas of nullity;        - dismissed the preliminary objection raised by the Government in respect of the applicant's complaint that he was not present at the hearing of the appeals;        - held that there was no violation of Article 6, paragraph 1, taken in conjunction with Article 6, paragraph 3.b (art. 6-1, art. 6-3-b);        - held that there was no violation of Article 6, paragraph 1, taken in conjunction with Article 6, paragraph 3.c (art. 6-1, art. 6-3-c), as regards the applicant's absence at the hearing of the pleas of nullity;        - held that there was a violation of Article 6, paragraph 1, taken in conjunction with Article 6, paragraph 3.c (art. 6-1, art. 6-3-c), as regards the applicant's absence at the hearing of the appeals;        - held that there was no violation of Article 6, paragraph 1 (art. 6-1), in respect of the remaining complaints under this provision;        - held that there was no violation of Article 6, paragraph 2 (art. 6-2);        - held that it was not necessary to examine the applicant's complaints under Articles 13 and 14 (art. 13, art. 14);        - held that the respondent State was to pay within three months to the applicant 230 000 Austrian schillings in respect of costs and expenses;        - 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 21 September 1993, 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 17 December 1993 the Government of Austria has paid the applicant the sum of 99 635,75 Austrian schillings whereas the remaining 130 364,25 Austrian schillings provided for in the judgment of 21 September 1993 had been set off against debts owed by the applicant to the Austrian State,        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 (94) 11         Information provided by the Government of Austria           during the examination of the Kremzow case                  by the Committee of Ministers        The Government of Austria has transmitted the judgment of the Court in the Kremzow case to the Supreme Court in order to inform it of the obligations incumbent upon Austria as a result of this judgment.        On 17 December 1993 the Government of Austria paid the applicant 99 635,75 Austrian schillings.   The remaining 130 364,25 Austrian schillings awarded by the Court in its judgment of 21 September 1993 in respect of costs and expenses have been set off against debts for court costs owed by the applicant to the Austrian State.