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.