Resolution CM /ResDH(2007)117 [1]

Execution of the judgment of the European Court of Human Rights

Credit and Industrial Bank against the Czech Republic

(Application No. 29010/95 , judgment of 21 October 2003 – Grand Chamber)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the P rotection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns a breach of the right of access to a court (violation of Article 6, paragraph 1) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken to comply with the Czech Republic’s obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the a p plicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgment, the adoption by the respondent state, where appropriate:

- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures, preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM /ResDH(2007)117

Information on the measures to comply with the judgment in the case of

Credit and Industrial Bank against the Czech Republic

Introductory case summary

The case concerns the infringement of the applicant company’s right of access to a court with the power to review the legitimacy of administrative and judicial decisions taken in 1993 by the Czech National Bank on the grounds that its financial situation had been unsatisfactory (violation of Article 6, paragraph 1).

I. P ayment of just satisfaction and individual measures

a) Details of just satisfaction

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

-

10 000 EUR

10 000 EUR

P aid on 18/12/2003

b) Individual measures

On 31 September 1995 the Czech National Bank withdrew the applicant’s banking license and on 2 October 1995 the P rague Commercial Court declared it bankrupt. Since the applicant bank now lacks legal personality and the re-opening of the case could have adverse financial consequences for its creditors, no individual measures arise in this case.

II. General measures

The domestic legislation applicable at the material time (i.e. the Bank Act of 1992 and the Code of Administrative P rocedure of 1967) was amended in 1994 and now provides effective domestic remedies which allow a bank to challenge before a court the reasons for a decision imposing compulsory administration.

The judgment of the European Court has been translated and published on the website of the Ministry of Justice ( www.justice.cz ) and disseminated to the authorities concerned.

III. Conclusions of the respondent state

The government considers that the measures adopted will prevent new, similar violations and that the Czech Republic has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 31 October 2007 at the 1007th meeting of the Ministers’ Deputies