Resolution CM/ResDH(2009)33

Execution of the judgment of the European Court of Human Rights
Brosted against Denmark

(Application No. 21846/04, judgment of 15 March 2007 - friendly settlement)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgment transmitted by the Court to the Committee once it had become final;

Recalling that the applicant’s admissible complaints in this case concerned the length of certain civil proceedings and lack of an effective remedy in this respect (complaint under Article 6, paragraph 1 and 13);

Whereas in this case the Court, having taken formal note of friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols decided, unanimously, to strike this case out of its list and took note of the parties’ undertaking not to request a re-hearing of the case before the Grand Chamber;

 Whereas under this friendly settlement it was agreed that the government of the respondent state would pay the applicant the global amount of 135 000 Danish crowns, within three months as from the notification of the judgment, and that the issue of costs and expenses related to the submission and conduct of the application before the Court would be resolved finally by the Civil Affairs Agency;

Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the President forwards to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;

Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;

Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;

 Having satisfied itself that on 13 April 2007, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state paid the applicant 135 000 Danish crowns, that on 24 May 2007 the Civil Affairs Agency paid him 45.000 Danish crowns, plus VAT, and that no other measure was required in this case to comply with the Court’s judgment;

Having examined the information supplied by the government of Denmark,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case and DECIDES to close their examination.