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 Hoffmann case delivered on 23 June 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 20 February 1987 under Article 25 (art. 25) of the Convention by Mrs Ingrid Hoffmann, an Austrian national, who complained that she had been denied the custody of her children on the ground of her religious convictions;        Recalling that the case was brought before the Court by the Commission on 13 April 1992;        Whereas in its judgment of 23 June 1993 the Court:        - held, by five votes to four, that there had been a violation of Article 8 in conjunction with Article 14 (art. 14+8);        - held, unanimously, that it was unnecessary to rule on the allegation of a violation of Article 8 (art. 8) taken alone;        - held, unanimously, that no separate issue arose under Article 9 (art. 9), either taken alone or in conjunction with Article 14 (art. 14+9);        - held, unanimously, that it was not necessary to rule on the allegation of a violation of Article 2 of Protocol No. 1 (P1-2);        - held, by eight votes to one, that the Respondent State was to pay to the applicant within three months for costs and expenses 75 000 Austrian schillings;        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 June 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 20 September 1993 the Government of Austria has paid the applicant the sum provided for in the judgment of 23 June 1993,        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) 44          Information provided by the Government of Austria           during the examination of the Hoffmann case                  by the Committee of Ministers        The Federal Ministry of Justice has brought the judgment of the Court in the Hoffmann case to the attention of the authorities concerned by way of a decree of 23 December 1993, published in Amtsblatt der österreichischen Justizverwaltung (JABl.1994/8).   In addition, a summary of the judgment has been published in the Österreichische Juristenzeitung (ÖJZ 1993, p. 853-856).   The judgment of the Court has finally been the object of in-depth studies by the Family Law Section of the Association of Austrian Judges (see the "Bericht der Fachgruppe Ausserstreit- und Familienrecht der österreichischen Richtervereinigung" of 10 March 1994).   The government is of the opinion that these measures are sufficient, in the light of the status of the Convention and the jurisprudence of the Convention organs in Austrian law, to prevent the repetition of the violation found by the Court in the Hoffmann case.        The sum awarded by the Court to the applicant was paid on 20 September 1993.