Resolution ResDH (2002)88 concerning the judgment of the European Court of Human Rights of 20 December 2001 in the case of Janssen against Germany

(Adopted by the Committee of Ministers on 22 July 2002 at the 803rd 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 Janssen case delivered on 20 December 2001 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. 23959/94) against Germany, lodged with the European Commission of Human Rights on 2 March 1994 under former Article 25 of the Convention by Ms Margit Jakobs , born Janssen, Roswitha and Ms Melanie Janssen, three German nationals, and that the Commission declared admissible their complaint concerning the excessive length of certain proceedings concerning civil rights and obligations before the social courts;

Recalling that the case was brought before the Court by the applicants, under Protocol No. 9, on 21 July 1999;

Whereas in its judgment of 20 December 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 applicants, within three months, 10 000 German marks in respect of non-pecuniary damage, 4 000 German marks in respect of costs and expenses, together with any value-added tax that may be chargeable, 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 applicants’ 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 20 December 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 sent out to the Ministry of Justice of the Land of North Rhine-Westphalia on 11 January 2002, to inform the Social Court of Duisburg and the North Rhine-Westphalia Social Court. The judgment has also been transmitted to the Federal Ministry of Labour and Social Affairs, which is competent within the Federal Government for matters concerning the Federal Social Court;

Having satisfied itself that on 18 February 2002, within the time-limit set, the government of the respondent state had paid the applicants the sums provided for in the judgment of 20 December 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.