Resolution ResDH (2001)103 concerning the judgment of the European Court of Human Rights of 27 July 2000 (final on 27 October 2000) in the case of Klein against Germany

(Adopted by the Committee of Ministers on 23 July 2001 at the 760 th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the term s 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 Klein case delivered on 27 July 2000 and transmitted to the Committee of Ministers under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application (No. 33379/96) against Germany, lodged with the European Commission of Human Rights on 9 January 1996 under former Article 25 of the Convention by Mr Edgar Klein, a German national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the excessive length of certain proceedings concerning civil rights and obligations before the civil courts and the Constitutional Court;

Whereas in its judgment of 27 July 2000 the Court unanimously:

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

- held that the present judgment in itself constituted sufficient just satisfaction for non-pecuniary damage;

- 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, 7 000 German marks together with any value-added tax that may be chargeable in respect of costs and expenses and that simple interest at an annual rate of 4% would be payable on this sum 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 27 July 2000, 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 recalled that measures had already been taken to avoid new violations of the same kind as the one found in this case, see notably Resolutions ResDH (2001)6 and Res (2001)7 in the Pammel and Probstmeier cases respectively, and indicated that the Court’s judgment had been sent out to the authorities directly concerned;

Having satisfied itself that on 2 November 2000, within the time-limit set, the Government of the respondent state had paid the applicant the sum provided for in the judgment of 27 July 2000,

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.