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KÖNIG AGAINST GERMANY

Doc ref: 6232/73 • ECHR ID: 001-55405

Document date: October 10, 1980

Inbound citations: 7
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Cited paragraphs: 0
•
Outbound citations: 0

KÖNIG AGAINST GERMANY

Doc ref: 6232/73 • ECHR ID: 001-55405

Document date: October 10, 1980

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 König case, delivered on 28 June 1978 and 10 March 1980

and transmitted the same days to the Committee of Ministers;

Recalling that the case had its origin in the 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, Dr Eberhard König, complaining of the dilatory nature of

the proceedings before the Frankfurt Administrative Court and alleging

violation of Article 6 (art. 6) of the Convention;

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

Government of the Federal Republic of Germany and by the European

Commission of Human Rights;

Whereas, in its judgment of 28 June 1978, the Court held:

- by fifteen votes to one that Article 6, paragraph 1 (art. 6-1) is

applicable to the proceedings relative to the withdrawal of the

applicant's authorisation to run his clinic;

- by fourteen votes to two that Article 6, paragraph 1 (art. 6-1) is

applicable to the proceedings relative to the withdrawal of the

applicant's authorisation to practise;

- by fifteen votes to one that there has been a violation of Article 6,

paragraph 1 (art. 6-1) as regards the duration of the proceedings

relative to the withdrawal of the authorisation to run the clinic;

- by fifteen votes to one that there has been a violation of Article 6,

paragraph 1 (art. 6-1) as regards the duration of the proceedings

relative to the withdrawal of the authorisation to practise;

- unanimously that the question of the application of Article 50

(art. 50) is not ready for decision;

- and reserved the whole of the question of the application of

Article 50 (art. 50);

Whereas, in its judgment of 10 March 1980, the Court held

unanimously that the Federal Republic of Germany is to pay Dr König

compensation of 39 789.95 DM;

Having regard to the "Rules concerning the application of

Article 54 (art. 54) of the Convention";

Having invited the Government of the Federal Republic of Germany

to inform it of the measures which had been taken in consequence of

the judgments, having regard to its obligations under Article 53

(art. 53) of the Convention to abide by the judgments;

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 in consequence of the judgments;

Having satisfied itself that the Government of the Federal

Republic of Germany has awarded the just satisfaction provided for in

the judgment of the Court of 10 March 1980,

Declares that it has exercised its function under Article 54

(art. 54) of the Convention in this case.

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