Resolution CM /ResDH(2007)122 [1]

Execution of the judgment of the European Court of Human Rights

Gisela Müller against Germany

(Application No. 69584/01 , judgment of 6 October 2005, final on 15 February 2006)

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 the excessive length of several sets of civil proceedings before the Hanseatic Court of Appeal concerning questions related to the management of a company (violation of Article 6, paragraph 1) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the measures taken to comply with Germany ' 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

- 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)122

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

Gisela Müller against Germany

Introductory case summary

The case concerns the excessive length of several sets of civil proceedings before the Hanseatic Court of Appeal concerning questions related to the management of a company.

The period to be taken into account began at the latest in 1986 and proceedings were still pending when the European Court gave judgment (more than 19 years) (violation of Article 6, paragraph 1).

I. P ayment of just satisfaction and individual measures

a) Details of just satisfaction

Costs and expenses

Total

P aid on

1 071 €

1 071 €

10/05/2006

b) Individual measures

According to the information provided by the German authorities , the domestic court has acted to advance the proceedings as far as possible. However, the proceedings are still pending in part, not least because following the death of the applicant ' s mother, who was herself a party to the proceedings, on 26 January 2006 the court was obliged under section 246 of the Code of Civil P rocedure to grant an application by the legal representative of the deceased for suspension of proceedings. The applicant requested the continuation of the proceedings, but the domestic court could not follow this request as the succession of the deceased is not clear. Thus the court has issued a judgment covering part of the matter ( Teilurteil ).

II. General measures

The judgment of the European Court was distributed by letter from the Government Agent dated 17 October 2005 to the courts and justice authorities concerned, i.e. the Senator of Justice and Constitution of Bremen and the Federal Constitutional Court .

All judgments of the European Court against Germany are publicly available via the website of the Federal Ministry of Justice ( www.bmj.de , Themen: Menschenrechte , EGMR) which provides a direct link to the European Court ' s website for judgments in German www.coe.int/T/D/Menschenrechtsgerichtshof/Dokumente_auf_Deutsch / ). As the violation found does not appear to reveal a structural problem, no other general measures are deemed necessary.

III. Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, that these measures will prevent new, similar violations and that Germany 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