Resolution ResDH(2000)134

concerning the judgment of the European Court of Human Rights of 15 February 2000 (final on 15 May 2000) in the case of Kurt Nielsen against Denmark

(Adopted by the Committee of Ministers on 2 October 2000 at the 721st 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 Kurt Nielsen case delivered on 15 February 2000 and transmitted to the Committee of Ministers once it had become final under Article 44 of the Convention;

Recalling that the case originated in an application (No. 33488/96) against Denmark, lodged with the European Commission of Human Rights on 23 September 1996 under Article 25 of the unamended Co n vention by Mr Kurt Nielsen , a Danish national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint concerning the excessive length of certain civil proceedings;

Whereas in its judgment of 15 February 2000 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 70 000 Danish crowns in respect of non-pecuniary damage and that simple interest at an annual rate of 8% 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 satisfa c tion;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of former Art i cle 54 of the Convention which are, for the time being, applicable by analogy to cases under Article 46, paragraph 2, of the Convention as amended by Protocol No. 11;

Having invited the Government of the respondent State to inform it of the mea s ures which had been taken in consequence of the judgment of 15 February 2000, having regard to Denmark’s obligation under Article 46, paragraph 1, of the Conve n tion to abide by it;

Recalling that measures have already been taken by the Government of the respondent State to avoid new violations of the same kind as the one found in this case, notably through the adaptation of the practice followed by the Danish courts concerning civil cases in order to ensure a better supervision of the compliance with the reasonable time requirement in cases of this kind (see Resolution DH (96) 606 in the case of A. and others against Denmark);

Having satisfied itself that on 24 March 2000, within the time-limit set, the Government of the respondent State paid the a p plicant the sum provided for in the judgment of 15 February 2000,

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