Lexploria - Legal research enhanced by smart algorithms
Lexploria beta Legal research enhanced by smart algorithms
Menu
Browsing history:

EDSLEV-CHRISTENSEN v. DENMARK

Doc ref: 51153/09 • ECHR ID: 001-138920

Document date: November 5, 2013

  • Inbound citations: 0
  • Cited paragraphs: 0
  • Outbound citations: 1

EDSLEV-CHRISTENSEN v. DENMARK

Doc ref: 51153/09 • ECHR ID: 001-138920

Document date: November 5, 2013

Cited paragraphs only

SECOND SECTION

DECISION

Application no . 51153/09 Metha EDSLEV-CHRISTENSEN against Denmark

The European Court of Human Rights ( Second Section ), sitting on 5 November 2013 as a Committee composed of:

András Sajó, President, Peer Lorenzen, Nebojša Vučinić, judges, and , Seçkin Erel, Acting Deputy Section Registrar ,

Having regard to the above application lodged on 31 August 2009 ,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Metha Edslev-Christensen , is a Danish national, who was born in 1938 and lives in Silkeborg. She was represented before the Court by Mr Jørgen Dreyer , a lawyer practising in Silkeborg .

The Danish Government (“the Government”) were represented by their Agent, Ms Nina Holst-Christensen from the Ministry of Justice.

The applicant complained t hat the length of the proceedings, during which her claim for compensation for the industrial injury she alleged she had suffered was determined, and which in her view commenced on 1 July 1993, exceeded the “reasonable time” requirement within the meaning of Article 6 § 1 of the Convention.

On 4 June 2013 the Government submitted a declaration proposing a friendly settlement in the case by paying the applicant 60,000 Danish kroner (DKK) intended to compensate the applicant for any non-pecuniary damage she may have suffered as a result of the length of the proceedings. The Government were also prepared to compensate the applicant for necessary and reasonable costs and expenses incurred in relation to the proceedings before the Court.

On 3 July 2013 the applicant submitted a declaration in which she accepted the proposed friendly settlement. She agreed to waive any further claims against Denmark in respect of the facts giving rise to this application against an undertaking by the Government to pay her DKK 60,000. In addition, she claimed DKK 25,000 to cover expenses and costs.

On 6 September 2013 the Government informed the Court that they accepted the settlement, including paying the applicant DKK 25,000 to cover costs and expenses in relation to the proceedings before the Court.

THE LAW

The Court takes note of the friendly settlement reached between the parties. It notes that the sum s of DKK 60,000 and DKK 25,000 are payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the C onvention. In the event of failure to pay this sum within the said three-month period, the Government must pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.

The Court is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention).

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Seçkin Erel András Sajó Acting Deputy Registrar President

© European Union, https://eur-lex.europa.eu, 1998 - 2026

LEXI

Lexploria AI Legal Assistant

Active Products: EUCJ + ECHR Data Package + Citation Analytics • Documents in DB: 401132 • Paragraphs parsed: 45279850 • Citations processed 3468846