Search
document

Document text Analytics

B. AGAINST GERMANY

Doc ref: 15720/89 • ECHR ID: 001-49415

Document date: February 3, 1994

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 0

B. AGAINST GERMANY

Doc ref: 15720/89 • ECHR ID: 001-49415

Document date: February 3, 1994

Cited paragraphs only

The Committee of Ministers, under the terms of Article 32

(art. 32) of the Convention for the Protection of Human Rights

and Fundamental Freedoms (hereinafter referred to as "the

Convention"),

Having regard to the report drawn up by the European

Commission of Human Rights in accordance with Article 31

(art. 31) of the Convention relating to the application lodged

on 19 July 1989 by Mr B. against Germany (Application

No. 15720/89);

Whereas on 13 October 1992 the Commission transmitted the

said report to the Committee of Ministers and whereas the period

of three months provided for in Article 32, paragraph 1

(art. 32-1), of the Convention has elapsed without the case

having been brought before the European Court of Human Rights in

pursuance of Article 48 (art. 48) of the Convention;

Whereas in his application the applicant complained of the

length of certain civil proceedings;

Whereas the Commission declared the application admissible

on 9 December 1991 and in its report adopted on 8 September 1992

expressed unanimously the opinion that there had been a violation

of Article 6, paragraph 1 (art. 6-1), of the Convention;

Whereas, at the 487th meeting of the Ministers' Deputies

held on 26 January 1993, the Committee of Ministers, agreeing

with the opinion expressed by the Commission, held, having voted

in accordance with the provisions of Article 32, paragraph 1

(art. 32-1), of the Convention, that there had been in this case

a violation of Article 6, paragraph 1 (art. 6-1), of the

Convention;

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 applicant, proposals

supplemented by a letter of the President of the Commission dated

6 July 1993;

Whereas on 21 September 1993 the Committee of Ministers

held, in accordance with Article 32, paragraph 2 (art. 32-2), of

the Convention, that the Government of Germany was to pay the

applicant, within three months, for just satisfaction the sum of

13 500 Deutschmarks;

Whereas the Committee of Ministers invited the Government

of Germany to inform it of the measures taken following its

decisions of 26 January and 21 September 1993, having regard to

Germany's obligation under Article 32, paragraph 4 (art. 32-4),

of the Convention to abide by them;

Whereas the Committee of Ministers satisfied itself that on

3 November 1993 the Government of Germany paid the applicant the

sum of 13 500 Deutschmarks in respect of just satisfaction,

Declares, having taken note of the measures taken by the

Government of Germany, that it has exercised its functions under

Article 32 (art. 32) of the Convention in this case;

Authorises the publication of the report adopted by the

Commission in this case.

LEXI

Lexploria AI Legal Assistant