Final resolution DH (99) 689

HUMAN RIGHTS

APPLICATION No. 20335/92

ELLIES U., A. AND C. AGAINST GERMANY

(Adopted by the Committee of Ministers on 3 December 1999 at the 688th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH (97) 361, adopted on 11 July 1997 in the case of Ellies U., A. and C. against Germany, in which the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, of the Convention as a result of the excessive length of certain civil proceedings before the Social Court of Appeal, and to make public the report of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicants, proposals supplemented by a letter of the President of the Commission dated 20 July 1998;

Whereas at the 677th meeting of the Ministers’ Deputies, the Committee of Ministers, agre e ing with the Commission’s proposals, held by a decision adopted on 15 July 1999, in  accordance with Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay the applicants as just satisfaction, within three months, 9 000 German marks in respect of non-pecuniary damage and 2 000 German marks in respect of costs and expenses, namely a total sum of 11 000 German marks, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicants;

Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decisions of 11 July 1997 and 15 July 1999, having regard to Germany’s obligation under Article 32, paragraph 4, of the Convention to abide by them;

Whereas during the examination of the case by the Committee of Ministers, the Government of the respondent State indicated that the Commission’s report as well as the Committee of Ministers’ decisions had been sent out to the authorities directly concerned;

Whereas the Committee of Ministers satisfied itself that on 24 August 1999, within the time-limit set, the Government of the respondent State had paid the applicants the total sum of 11 000 German marks as just satisfaction,

Declares, after having taken note of the measures taken by the Government of Germany, that it as exercised its functions under Article 32 of the Convention in this case.