PROCEDURE

The case originated in an application (no. 35019/97) against the Republic of Austria lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by an Austrian national, Helmut Ludescher (“the applicant”), on 16 January 1997.

The applicant was represented before the Court by Mr W.L. Weh, a lawyer practising in Bregenz (Austria). The Austrian Government (“the Government”) were represented by their Agent, Ambassador H. Winkler, Head of the International Law Department at the Federal Ministry for Foreign Affairs.

The applicant alleged in particular that proceedings concerning a reforesting order were not concluded within a reasonable time.

The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11).

The application was allocated to the Third Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1 of the Rules of Court.

By a decision of 7 September 1999 the Court declared the application partly inadmissible. By a decision of the 23 January 2001 the Court declared the remainder of the applications admissible.

As from 1 November 2001 the application was reallocated to the First Section of the Court. Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1 of the Rules of Court.

Neither the applicant nor the Government filed observations on the merits (Rule 59 § 1).

THE FACTS

On 19 March 1991 the Feldkirch District Administrative Authority (Bezirkshauptmannschaft), referring to the relevant provisions of the Forestry Act (Forstgesetz), ordered the applicant to reforest a plot of land owned by him. In its decision, the authority specified that the applicant should plant 270 larches. In its reasoning, it noted that until October 1986 the northern part of the plot of land had been fully covered with larches and robinias and that the previous stock of trees was shown by the still existing stumps. Following the unlawful felling of the forest, the applicant had used the land as a sheep-run.

On 4 July 1991 Vorarlberg Regional Government (Landeshauptmann) dismissed the applicant’s appeal.

On 18 September 1991 the Administrative Court (Verwaltungsgerichtshof), upon the applicant’s complaint dated 26 August 1991, opened proceedings and requested the Vorarlberg Regional Government to file observations within a period of eight weeks. These observations were received by the Administrative Court on 25 October 1991.

On 24 June 1996 the Administrative Court dismissed the applicant’s complaint. The decision was served on 17 July 1996.