Resolution ResDH (2002)101 concerning the judgment of the European Court of Human Rights of 31 May 2001 (final on 31 August 2001) in the case of Metzger against German y

(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 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 Metzger case delivered on 31 May 2001 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. 37591/97) against Germany, lodged with the European Commission of Human Rights on 31 July 1997 under former Article 25 of the Convention by Mr Günther Metzger, a German national, the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint that certain criminal proceedings relating to the applicant’s responsibility for elimination of environmentally harmful wastes during his mandate as mayor were not concluded within a reasonable time;

Whereas in its judgment of 31 May 2001 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, 10 000 German Marks in respect of non-pecuniary damage; 15 000 German Marks in respect of costs and expenses and that simple interest at an annual rate of 8.42% 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 31 May 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 drew the Committee’s attention to the fact that, on account of the specific circumstances of the case, new similar violations of the Convention could be avoided for the future by informing the authorities concerned of the requirements of the Convention: copies of the judgment had accordingly been sent out to them; in addition, the Court’s judgment has been published in the 2001 volume of Europäische Grundrechtezeitschrift (pp.299-302);

Having satisfied itself that on 27 November 2001, within the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment of 31 May 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.