Resolution ResDH(2004)67

concerning the judgment of the European Court of Human Rights

of 22 April 2004 (Friendly settlement)

in the case of Petersen Lizzy against Denmark

(Adopted by the Committee of Ministers on 12th October 2004

at the 897th meeting of the Ministers ' Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the final judgment of the European Court of Human Rights in the Petersen Lizzy case delivered on 22 April 2004 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 70210/01) against Denmark, lodged with the European Court of Human Rights on 6 April 2001 under Article 34 of the Convention by Ms Lizzy Petersen, a Danish national, and that the Court declared admissible the complaint concerning the excessive length of certain proceedings concerning civil rights and obligations before administrative courts;

Whereas in its judgment of 22 April 2004 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list and took note of the parties ' undertaking not to request a re-hearing of the case before the Grand Chamber;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of Denmark would pay the applicant the sum of 70 000 Danish kroner in respect of pecuniary and non-pecuniary damages and 43 000 Danish kroner in respect of costs and expenses plus VAT, within three months from the delivery of the judgment. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay, until settlement, simple interest on the amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;

Recalling that Rule 44, paragraph 2, of the Rules of the Court provides that the striking-out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 19 May 2004, within the time-limit agreed to under the terms of the friendly settlement, the Government of the respondent state had paid the applicant the sums provided for in the friendly settlement and that no other measure was required in the present case to conform to the Court ' s judgment,

Declares, after having examined the information supplied by the Government of Denmark, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.