VEIT AGAINST GERMANY

Doc ref: 10474/83 • ECHR ID: 001-49278

Document date: March 2, 1989

Doc ref: 10474/83 • ECHR ID: 001-49278

Document date: March 2, 1989

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 2 September 1981 by Mr Otto Veit

against the Federal Republic of Germany (No. 10474/83);

Whereas on 13 April 1987 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

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 inter alia of the

length of civil proceedings in which he had been involved, alleging a

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

Whereas the Commission declared the application admissible on

6 May 1986 as regards the issue of the length of proceedings and in

its report adopted on 12 March 1987 expressed unanimously the opinion

that there had been a violation of Article 6, paragraph 1 (art. 6-1),

of the convention in that the applicant's case was not heard within a

reasonable time;

Agreeing with the opinion expressed by the Commission in accordance

with Article 31, paragraph 1 (art. 31-1), of the convention;

Having examined the proposals made by the Commission concerning just

satisfaction for the applicant's widow,

Decides, having voted in accordance with the provisions of Article 32,

paragraph 1 (art. 32-1), of the convention, that there has been a

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

this case;

Recommends, under Rule 5 of the Rules adopted by the Committee of

Ministers for the application of Article 32 (art. 32) of the

convention, that the Government of the Federal Republic of Germany pay

to the applicant's widow the sum of 5 300 DM for costs and expenses

incurred in the proceedings before the Commission;

Decides, therefore, that no further action is called for in this case.

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