Resolution ResDH (2004)20

concerning the judgment of the European Court of Human Rights of 30 September 2003 (Friendly settlement) in the case of Theiszler against Hungary

(Adopted by the Committee of Ministers on 22 April 2004 at the 879th 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 Theiszler case delivered on 30 September 2003 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. 52727/99) against Hungary, lodged with the European Court of Human Rights on 24 September 1999 under Article 34 of the Co n vention by Ms Judit Theiszler , a Hungarian national, and that the Court declared admissible the complaint relating to the excessive length of certain proceedings concerning civil rights and obligations;

Whereas in its judgment of 30 September 2003 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 Hungary would pay the applicant the sum of 6 500 Euros, or its equivalent in Hungarian forints converted at the exchange reference rate of the European Central Bank at the date of settlement, within three months as from the delivery of the judgment;

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 3 November 2003, within the expiry of the time-limit agreed to under the terms of the friendly settlement, the Government of the respondent state had paid the applicant the sum provided for in the friendly settlement ,

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