Search
document

Document text Analytics

SCHMIDT v. DENMARK

Doc ref: 11295/84 • ECHR ID: 001-45404

Document date: March 3, 1987

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 0

SCHMIDT v. DENMARK

Doc ref: 11295/84 • ECHR ID: 001-45404

Document date: March 3, 1987

Cited paragraphs only

Application No. 11295/84

Frede SCHMIDT

against

DENMARK

REPORT OF THE COMMISSION

(adopted on 3 March 1987)

TABLE OF CONTENTS

Page

INTRODUCTION ................................. 1

PART I : STATEMENT OF THE FACTS ............ 3

PART II : SOLUTION REACHED .................. 4

&SINTRODUCTION&_

1. This Report relates to Application No. 11295/84 introduced by

Frede Schmidt against Denmark on 29 September 1984 under Article 25 of

the Convention for the Protection of Human Rights and Fundamental

Freedoms. The application was registered on 7 December 1984.

The applicant was represented by Mr. Thomas Rørdam, a lawyer

practising in Copenhagen.

The Government were represented by their Agent, Mr. Tyge

Lehmann, Ministry of Foreign Affairs.

2. On 13 October 1986, the European Commission of Human Rights

declared admissible the applicant's complaint concerning the length of

the civil proceedings in question. The remainder of the application

was declared inadmissible.* The Commission then proceeded to carry

out its task under Article 28 of the Convention which provides as

follows :

"In the event of the Commission accepting a petition

referred to it :

(a) it shall, with a view to ascertaining the facts,

undertake together with the representatives of the parties an

examination of the petition and, if need be, an

investigation, for the effective conduct of which the States

concerned shall furnish all necessary facilities, after an

exchange of views with the Commission;

(b) it shall place itself at the disposal of the parties

concerned with a view to securing a friendly settlement of

the matter on the basis of respect for Human Rights as

defined in this Convention."

__________________

* This decision is public and can be obtained from the

Commission's Secretary.

3. The Commission found that the parties had reached a friendly

settlement of the case and on 3 March 1987 it adopted this Report

which, in accordance with Article 30 of the Convention, is confined to

a brief statement of the facts and of the solution reached.

The following members of the Commission were present when the

Report was adopted :

MM. J.A. FROWEIN, Acting President

C.A. NØRGAARD

G. SPERDUTI

G. JÖRUNDSSON

S. TRECHSEL

B. KIERNAN

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.C. SOYER

H.G. SCHERMERS

H. DANELIUS

&SPART I&_

STATEMENT OF THE FACTS

4. The applicant is a Danish citizen, born in 1949. He resides

at Sønderborg, Denmark.

5. The application concerns court proceedings instituted by the

applicant against a private company. These proceedings commenced on

28 June 1979 when the applicant filed a writ of summons with the

Sønderborg Civil Court (civilretten i Sønderborg) and ended on 5 April

1984 when the Supreme Court (Højesteret) pronounced judgment in the

case.

6. Before the Commission the applicant complained that there had

been no determination of his civil rights within a reasonable time.

He also complained that he had been ordered to pay the defendant's

legal costs, that the courts had failed to make a correct evaluation

of the facts and furthermore based their conclusions on incorrect

statements and on a wrong interpretation of the applicable laws.

7. On 2 December 1985 the Commission decided to bring the

application to the notice of the respondent Government and to invite

them to submit written observations on the admissibility and merits,

limited to the complaint concerning the length of the proceedings.

The Government's observations were submitted on 7 March 1986 and the

applicant's observations in reply were submitted on 27 June 1986.

8. Legal aid was granted to the applicant under the Addendum to

the Commission's Rules of Procedure on 19 March 1986.

9. On 13 October 1986 the Commission, having regard to Article 6

para. 1 of the Convention, declared admissible the applicant's

complaint concerning the length of the proceedings and rejected the

remainder of the application.

&SPART II&_

SOLUTION REACHED

10. Following its decision on the admissibility of the

application, the Commission placed itself at the disposal of the

parties with a view to securing a friendly settlement in accordance

with Article 28 (b) of the Convention and invited the parties to

submit any proposals they wished to make.

11. In accordance with its usual practice the Commission

instructed its Secretary to contact the parties for this purpose.

Following an exchange of letters channelled through the Commission the

Agent of the Government, by letter of 5 January 1987, made the

following statement :

"The Government has come to the conclusion that the

inconvenience for the applicant caused by the length of the

proceedings before the Supreme Court could form the basis for

offering the applicant a certain amount out of equity in order

to reach a friendly settlement. Without recognizing any legal

obligation in this respect the Danish Government would consider

an amount of D.kr. 20,000 to correspond to the above mentioned

inconvenience, the amount being understood to include such

expenses as might be assigned solely to the not foreseeable

length of the proceedings."

12. The applicant's representative submitted, by letter of 20

January 1987, the following statement on behalf of the applicant :

"Regarding the friendly settlement I can inform you that my

client Frede Schmidt is willing to accept the amount of

Danish kroner 20.000,00 as compensation for the inconvenience

for my client by the length of the proceedings before

the Supreme Court."

13. At its session on 3 March 1987 the Commission found from the

above statements that the parties had reached agreement regarding the

terms of settlement. It further found, having regard to

Article 28 (b) of the Convention, that a friendly settlement of the

present application had been secured on the basis of respect for

Human Rights as defined in the Convention.

For these reasons, the Commission adopted this Report.

Secretary to the Commission Acting President of the Commission

(H. C. KRÜGER) (J. A. FROWEIN)

LEXI

Lexploria AI Legal Assistant