Resolution ResDH (2001)56 concerning the judgment of the European Court of Human Rights of 28 March 2000 in the case of Kiefer against Switzerland

(Adopted by the Committee of Ministers on 26 February 2001 at the 741 st meeting of the Ministers’ De puties)

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 Kiefer case delivered on 28 March 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. 27353/95) against Switzerland, lodged with the European Court of Human Rights on 13 April 1995 under former Article 25 of the Convention by Mr Erich Kiefer, an Austrian national, and that the Commission declared admissible the complaint concerning the excessive length of certain proceedings concerning civil rights and obligations before the social security courts;

Recalling that the case was brought before the Court by the applicant under former Article 48, paragraph 1e., on 30 December 1998;

Whereas in its judgment of 28 March 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 respondent State was to pay the applicant, within three months, 5 000 Swiss francs in respect of non-pecuniary damage, 6 000 Swiss francs in respect of costs and expenses and that simple interest at an annual rate of 5% 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 28 March 2000, having regard to Switzerland’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 authorities directly concerned;

Having satisfied itself that on 12 June 2000, within the time-limit set, the Government of the respondent State paid the applicant the sums provided for in the judgment of 28 March 2000,

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