Resolution ResDH (2002)123 concerning the judgment of the European Court of Human Rights of 18 October 2001 (final on 27 March 2002) in the case of Mianowicz against Germany

(Adopted by the Committee of Ministers on 21 October 2002 at the 810th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Art icle 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 Mianowicz case delivered on 18 October 2001 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 27 March 2002 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. 42505/98) against Germany, lodged with the European Commission of Human Rights on 30 March 1998 under former Article 25 of the Convention by Mr Thomasz Mianowicz , a Polish national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint concerning the excessive length of certain proceedings concerning civil rights and obligations before the labour courts;

Whereas in its judgment of 18 October 2001 the Court unanimously:

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

- held that it had no jurisdiction to examine the complaints under Article 1 of Protocol N° 1 and Article 14 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, 15 000 German marks in respect of non-pecuniary damage and 5 000 German marks in respect of costs and expenses and that simple interest at an annual rate of 8,62% 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 satisfaction;

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 measures which had been taken in consequence of the judgment of 18 October 2001, having regard to Germany’s obligation under Article 46, paragraph 1, of the Convention 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 published in the 2002 volume of Europäische Grundrechte Zeitschrift (pp. 585-588) and sent out to the authorities directly concerned;

Having satisfied itself that on 11 June 2002, within the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment of 18 October 2001,

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