Resolution ResDH (2003)108

concerning the judgment of the European Court of Human Rights of 26 October 2000 in the case of G.J. against Luxembourg

(Adopted by th e Committee of Ministers on 17 June 2003 at the 841st 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 G.J. case delivered on 26 October 2000 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. 21156/93) against Luxembourg, lodged with the European Commission of Human Rights on 8 September 1992 under former Article 25 of the Co n vention by Mr G.J. , a Danish national, and that the Commission declared admissible the complaint relating to the excessive length of certain civil proceedings;

Recalling that the case was brought before the Court by the applicant, under Protocol No. 9, on 28 October 1999;

Whereas in its judgment of 26 October 2000 the Court unanimously:

- dismissed the Government’s preliminary objection;

- 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, 45 000 Danish kroner in respect of non-pecuniary damage; 35 000 Danish kroner in respect of costs and expenses less the amounts paid by the Council of Europe in legal aid (3 645 French francs) and that simple interest at an annual rate of 8% would be payable on those sums 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 26 October 2000, having regard to Luxembourg’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 20 February and 27 March 2001, after the expiry of the time-limit set, the government of the respondent state had paid the a p plicant the sums provided for in the judgment of 26 October 2000, and that the default interest due, that is 90,7 euros, was paid on 17 October 2001,

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