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BARTHOLD AGAINST GERMANY

Doc ref: 8734/79 • ECHR ID: 001-55440

Document date: February 12, 1987

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BARTHOLD AGAINST GERMANY

Doc ref: 8734/79 • ECHR ID: 001-55440

Document date: February 12, 1987

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54 (art. 54) of

the Convention for the Protection of Human Rights and Fundamental

Freedoms (hereinafter referred to as "the convention"),

Having regard to the judgments of the European Court of Human Rights

in the Barthold case, delivered on 25 March 1985 and on 31 January

1986 and transmitted the same day to the Committee of Ministers;

Recalling that the case had its origin in an application against the

Federal Republic of Germany, lodged with the European Commission of

Human Rights under Article 25 (art. 25) of the convention by a German

citizen, Mr Sigurd Barthold, complaining, as far as the application was

declared admissible, that the prohibitory injunctions issued against

him by the German Courts in private law proceedings concerning unfair

competition prevented him from making known his views on the need for

an emergency veterinary service and thereby violated his freedom of

expression;

Recalling that the case had been brought before the Court by the

European Commission of Human Rights;

Whereas in its judgment of 25 March 1985 the Court held by five votes

to two that there was a breach of Article 10 (art. 10), unanimously

that it had no jurisdiction to entertain the applicant's complaint

under Article 11 (art. 11) and that the question of the application

of Article 50 (art. 50) was not ready for decision;

Whereas in its judgment of 31 January 1986 the Court unanimously

decided to strike the case out of the list as far as the claims filed

by the applicant on 25 July 1985 were concerned and held that, as

regards the remainder of the applicant's claims, the judgment of

25 March 1985 constituted of itself sufficient just satisfaction for

the purposes of Article 50 (art. 50);

Recalling that Rule 48, paragraph 3, of the Rules of Court of the

European Court of Human Rights provides that the striking out of a

case shall be effected by means of a judgment which the President

shall forward to the Committee of Ministers in order to allow it to

supervise, in accordance with Article 54 (art. 54) of the convention,

the execution of any undertakings which may have been attached to the

discontinuance or solution of the matter;

Having invited the Government of the Federal Republic of Germany to

inform it of the measures taken for the execution of the undertakings

attached to the solution of the case;

Whereas, during the examination of this case by the Committee of

Ministers, the Government of the Federal Republic of Germany informed

the Committee of the measures taken, which information appears in the

appendix to this resolution,

Declares, having taken note of this information, that it has exercised

its functions under Article 54 (art. 54) of the convention in this case.

Appendix to Resolution DH (87) 5

Information provided by the Government of

the Federal Republic of Germany during the examination of the Barthold

case before the Committee of Ministers

Following the partial settlement between the Government of the Federal

Republic of Germany and the applicant, which was lodged on

16 December 1985 in the Registry of the Court by the applicant's

counsel, the free Hanseatic City of Hamburg has paid the sum of

28 000 DM as compensation. Counsel for the applicant has confirmed

the payment of this sum in a letter addressed to the Registry of the

Court dated 6 March 1986.

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