CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 9 juin 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 Wiesinger case delivered on 30 October 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 on 12 August 1985 under Article 25 (art. 25) of the Convention by Mr Konrad and Mrs Klara Wiesinger, Austrian nationals, who complained inter alia of the length of certain land consolidation proceedings, of a violation of their right of property and of discriminatory treatment on the part of the authorities;        Recalling that the case was brought before the Court by the Commission on 11 July 1990;        Whereas in its judgment of 30 October 1991 the Court, inter alia:        - held unanimously that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the Convention;        - held, by eight votes to one, that there had been no violation of Article 1 of Protocol No. 1 (P1-1);        - held unanimously that it was not necessary to examine the complaint under Article 14 of the Convention, taken in conjunction with Article 1 of Protocol No. 1 (art. 14+P1-1);        - held unanimously that the Republic of Austria was to pay, within three months, 200 000 Austrian schillings to Mr Wiesinger for non-pecuniary damage and 500 000 Austrian schillings to both applicants 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 30 October 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 the Government of Austria has paid to the applicants in two parts, on 5 December 1991 and 21 January 1992, the sums provided for in the judgment of 30 October 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 (94) 45          Information provided by the Government of Austria          during the examination of the Wiesinger 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, 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).        These reforms entered into force on 1 January 1994.