CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 21 mars 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 judgments of the European Court of Human Rights in the case of Poiss against Austria delivered on 23 April 1987 and 29 September 1987 and transmitted the same days to the Committee of Ministers;        Recalling that the case originated in an application against Austria lodged with the European Commission of Human Rights on 25 January 1982 under Article 25 (art. 25) of the Convention by Mr Leopold Poiss and his children, Josef and Anna, all Austrian nationals, who complained that they had not received a hearing within a reasonable time by an independant and impartial tribunal and that their right of property had been infringed;        Recalling that the case was brought before the Court by the Commission on 14 May 1986;        Whereas in its judgment of 23 April 1987 the Court unanimously:        - held that there had been a breach of Article 6, paragraph 1 (art. 6-1), of the Convention as regards observance of the "reasonable time" requirement;        - held that it had no jurisdiction to entertain the other complaints made by the applicants under this provision;        - held that there had been a breach of Article 1 of Protocol No. 1 (P1-1);        - held that the question of the application of Article 50 (art. 50) of the Convention was not ready for decision;        Whereas in its judgment of 29 September 1987 the Court took note of a friendly settlement reached between the Government and the applicants, according to which the government agreed to pay the applicants 700 000 Austrian schillings, and decided unanimously, after having been informed that the sum in question had also been paid to the applicants, to strike the case out of its list;        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 judgments of 23 April 1987 and 29 September 1987, having regard to Austria's 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 judgments, which information appears in the appendix to this resolution,        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) 21          Information provided by the Government of Austria        during the examination of the Poiss case by the                     Committee of Ministers         The Austrian Government considers that the legislative amendments made over the last years will simplify and speed up the proceedings in land consolidation cases and also provide an adequate compensation regulation, thus preventing the repetition of violations of the kind found in the present case.        The Agricultural Proceedings Act (Agrarverfahrensgesetz 1950) has been amended (BGBl Nr. 901/1993) in order to adapt it to recent developments in administrative law, in particular under the General Administrative Procedure Act (Allgemeines Verwaltungsverfahrensgesetz 1950); the new act streamlines the procedure and provides among other things for a public hearing in agricultural proceedings.        Changes have also been introduced in the Federal Agricultural Authorities Act (Agrarbehördengesetz 1950 - BGBl Nr. 902/1993) in order to take into account the problems which have arisen under the Convention.   According to the new legislation questions regarding compensation under the Federal Agricultural Land Planning (General Principles) Act (Flurverfassungs-Grundsatzgesetz 1951) are henceforth to be decided by the Provincial Land Reform Board (Landesagrarsenat) at first instance, with a right to appeal to the Supreme Land Reform Board (Oberster Agrarsenat).        Aa amendment to the Federal Agricultural Land Planning (General Principles) Act (BGBl Nr. 903/1993) introduces a general right to compensation in land consolidation cases (Article 10 of the act).   According to the new provision, compensation may be accorded in all cases of unlawful redistribution of land.   Claims can be filed within one month from the entry into force of the decision confirming the consolidation plan (Zusammenlegungsplan). The compensation in principle is calculated by comparing the yield of the ceded property with that of the property unlawfully given and is to be paid by those other property owners who bear the costs of the responsible Agricultural Authority (Agrarbehörde).        The last three reforms entered into force on 1 January 1994.