Resolution ResDH (2003)163

concerning the judgment of the European Court of Human Rights of 27 February 2003 (Friendly settlement) in the case of Axen , Teubner and Jossifov against Germany

(Adopted by the Committee of Ministers on 20 October 2003 at the 854th 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 Axen , Teubner and Jossifov case delivered on 27 February 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. 54999/00) against Germany, lodged with the European Court of Human Rights on 15 December 1999 under Article 34 of the Co n vention by Ms Sonja Axen , Katrin Teubner and Sophia Jossifov , three German nationals, and that the Court declared admissible the complaint concerning the excessive length of certain proceedings concerning civil rights and obligations before the administrative Courts and the federal constitutional Court;

Whereas in its judgment of 27 February 2003 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicants, 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 Germany would pay the applicants, the global sum of 3 000 euros, all damages included;

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 2 April 2003 the government of the respondent state had paid the applicants the sum 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 Germany, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.