CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 15 novembre 1996

.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 } .s23A41E03 { width:36pt; display:inline-block }    The Committee of Ministers, having regard to the terms of Article 32 (art. 32) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),     Having regard to Interim Resolution DH (96) 158, adopted on 15 May 1996, in the case of Bechter against Austria (Application No. 19125/91) in which the Committee of Ministers published its decision of the same day that there had been in this case a violation of Article 6, paragraph 1 (art. 6-1), of the Convention and the report of the European Commission of Human Rights; ;     Whereas, since the adoption of the above-mentioned Interim Resolution the Committee of Ministers has been informed by the European Court of Human Rights that the applicant had seized the Court in accordance with Protocol No. 9 (P9) on 1 March 1996, that is prior to the adoption of its decision under Article 32 (art. 32) in the present case;     Whereas the applicant's request under Protocol No. 9 (P9) to the Convention is still pending before the screening panel of the European Court of Human Rights;     Considering that under Article 5, paragraph 2, of Protocol No. 9 (P9-5-2) to the Convention, the Committee of Ministers is only competent to decide, in accordance with the provisions of Article 32 (art. 32), whether there has been a violation of the Convention if the screening panel has decided by a unanimous vote that the case shall not be considered by the Court;     Considering that in these circumstances its decision taken by virtue of Article 32 (art. 32) of the Convention is invalid,     Resolves to annul its Interim Resolution DH (96) 158.   _______________ Since this Resolution was adopted and following the screening panel's decision on 15 January 1997, the Committee of Ministers adopted Interim Resolution DH (97) 355 on 11 July 1997.