Resolution ResDH (2004)10

concerning the judgment of the European Court of Human Rights of 17 October 2002 (final on 21 May 2003) in the case of Thieme 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 Thieme case delivered on 17 October 2002 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the judgment of the Court became final on 21 May 2003 since, at this date, the government of the respondent state was informed that the request for a re-hearing before the Grand Chamber had been dismissed;

Recalling that the case originated in an application (No. 38365/97) against Germany, lodged with the European Commission of Human Rights on 27 December 1996 under former Article 25 of the Co n vention by Mr Henry Thieme , 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 proceedings concerning civil rights and obligations before labour courts;

Whereas in its judgment of 17 October 2002 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, 1 500 euros in respect of non-pecuniary damage, 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 17 October 2002, 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 indicated that the Court’s judgment had been sent out to the authorities directly concerned;

Having satisfied itself that on 18 August 2003, within the time-limit set, the government of the respondent state had paid the a p plicant the sum provided for in the judgment of 17 October 2002,

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.