Resolution ResDH (2004)7

concerning the judgment of the European Court of Human Rights of 20 February 2003 (final on 20 May 2003) in the case of Kind against Germany

(Adopted by the Committee of Ministers on 24 February 2004 at the 871st 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 judgment of the European Court of Human Rights in the Kind case delivered on 20 February 2003 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application (No. 44324/98) against Germany, lodged with the European Commission of Human Rights on 28 September 1998 under former Article 25 of the Co n vention by Mr Norbert Kind , a German national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint related to the excessive length of certain proceedings before the civil courts and the Federal Constitutional Court;

Whereas in its judgment of 20 February 2003 the Court unanimously:

- held that there had been a violation of Article 6, paragraph 1, of the Convention;

- held that the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, 7 500 euros in respect of non-pecuniary damage and 1 500 euros in respect of costs and expenses, plus any tax that may be chargeable, and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points, should be payable from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicant’s claim for just satisfa c tion;

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

Having invited the government of the respondent state to inform it of the mea s ures which had been taken in consequence of the judgment of 20 February 2003, having regard to Germany’s obligation under Article 46, paragraph 1, of the Conve n tion to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new violations of the same kind as that found in this case (see Resolution ResDH (2001)6 in the Pammel case) and indicated that the Court’s judgment had been published in Europäische Grundrechte Zeitschrift , 2003, and sent out to the authorities directly concerned;

Having satisfied itself that on 3 July 2003, within the time-limit set, the government of the respondent state had paid the a p plicant the sums provided for in the judgment of 20 February 2003,

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