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MAAS AGAINST GERMANY

Doc ref: 14365/88 • ECHR ID: 001-49334

Document date: September 17, 1992

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MAAS AGAINST GERMANY

Doc ref: 14365/88 • ECHR ID: 001-49334

Document date: September 17, 1992

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 23 September 1988 by Mrs Berta Maas against Germany

(Application No. 14365/88);

Whereas on 1 July 1991 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 her application the applicant complained of the

excessive length of civil proceedings;

Whereas the Commission declared the application admissible

on 7 May 1990 and in its report adopted on 31 May 1991 expressed

unanimously the opinion that there had been a violation of

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

Whereas, at the 464th meeting of the Ministers' Deputies

held on 18 October 1991, 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

10 April 1992;

Whereas on 15 May 1992 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 9 000 Deutschmarks in respect of

non-pecuniary damage;

Whereas the Committee of Ministers invited the Government

of Germany to inform it of the measures taken following its

decisions of 18 October 1991 and 15 May 1992, 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

15 July 1992 the Government of Germany paid the applicant the sum

of 9 000 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.

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