Resolution ResDH(2001)7 concerning the judgment of the European Court of Human Rights of 1 July 1997 in the case of Probstmeier against Germany

(Adopted by the Committee of Ministers on 26 February 2001 at the 741 st meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of former Article 54 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Probstmeier case delivered on 1 July 1997 and transmitted the same day to the Committee of Ministers under former Article 54 of the Convention;

Recalling that the case originated in an application (No. 20950/92) against Germany, lodged with the European Commission of Human Rights on 9 June 1992 under former Article 25 of the Convention by Ms Mechthilde Probstmeier, a German national, and that the Commission declared admissible the complaint concerning the excessive length of certain proceedings concerning civil rights and obligations before the Constitutional Court;

Recalling that the case was brought before the Court by the applicant on 18 September 1996 and by the Government of the respondent State on 23 October 1996;

Whereas in its judgment of 1 July 1997 the Court unanimously:

- held that Article 6, paragraph 1, of the Convention was applicable in the case;

- 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, 15 000 German marks in respect of pecuniary damage, 8 882,68 German marks, VAT included, in respect of costs and expenses and that simple interest at an annual rate of 4% 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 former Article 54 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 1 July 1997, having regard to Germany's obligation under former Article 53 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 gave the Committee information about the measures taken preventing new violations of the same kind as that found in the present judgment (this information appears in the appendix to this resolution);

Having satisfied itself that on 25 September 1997, within the time-limit set, the Government of the respondent State paid the applicant the sums provided for in the judgment of 1 July 1997,

Declares, after having taken note of the information supplied by the Government of Germany, that it has exercised its functions under former Article 54 of the Convention in this case.

Appendix to Resolution ResDH(2001)7

Information provided by the Government of Germany during the examination of the Probstmeier case

by the Committee of Ministers

The Government of Germany first observes that the workload of the Bundesverfassungsgericht (Federal Constitutional Court) has substantially improved over the last years, as the backlog caused by the constitutional problems posed by German unification has been resolved.

The number of new cases brought before the Federal Constitutional Court had thus progressively decreased from 5 911 in 1995 (when it reached its maximum due to the unification problems) to 4 885 in 1999. Furthermore, the Federal Constitutional Court has had a positive balance in both 1998 and 1999 as the number of cases closed has exceeded the number of new cases brought by 216 and 323 respectively (the total number of cases closed in 1998 was 4 999 and 5 208 in 1999).

On the personnel side, in the year 2000, the number of legal staff assigned to the Federal Constitutional Court increased from 50 to 55. Further increases are being examined.

The Government is furthermore of the opinion that, in view of the direct effect of the European Convention on Human Rights as interpreted by the European Court of Human Rights in German law, the Federal Constitutional Court will adapt its practice of joining cases raising similar problems in such a way as to avoid unjustified delays in the examination of any of the cases.

It recalls in this context that on 16 July 1997 and 3 September 1997 respectively, the Federal Ministry of Justice sent letters to the Bundesverfassungsgericht informing it about the judgments of the European Court of Human Rights in the Probstmeier and Pammel cases and enclosing copies of both judgments in German.

Furthermore, the German translations of the two judgments were published in the Europäische Grundrechtezeitschrift (volume 14-16, of 17 September 1997, page 310 in the Pammel case and volume 17-18, of 22 September 1997, page 405 in the Probstmeier case) and in the Neue Juristische Wochenschrift ”, volume 42 of 15 October 1997, pages 2809-2811.

The Government of the Germany is of the opinion that with these measures it has complied with its obligations under former Article 53 of the Convention.