Resolution CM/ResDH(2011)128[1]
Execution of the judgment of the European Court of Human Rights
Lemmer and Neiertz against Luxembourg
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”)[2],
Having regard to the judgment transmitted by the Court to the Committee once it became final;
Case name (App. No.)
Friendly settlement of
Lemmer and Neiertz (302/04)
13/05/2008
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of individual measures to put an end to the violations and as far as possible to remedy their consequences for the applicant and general measures to prevent new, similar violations;
Having invited the authorities of the respondent state to provide an action plan concerning the measures proposed to execute the judgment;
Having, in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention, examined the action report provided by the government (see appendix);
Having noted that the respondent state paid the applicant the just satisfaction, as provided in the judgment;
DECLARES, that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and DECIDES to close the examination thereof.
Appendix to Resolution CM/ResDH(2011)128
Grand Duchy of Luxembourg
Permanent Representation to the Council of Europe
Translation
Execution of judgments of the European Court of Human Rights
Lemmer and Neiertz against Luxembourg (No. 302/04)
Friendly settlement of 13/05/2008
ACTION REPORT
The case concerns the length of certain civil proceedings which began in 1990 and were still pending when the friendly settlement was concluded (complaint under Article 6§1).
The respondent state undertook to pay the applicant party a certain sum and also to ensure that the necessary measures were taken to conclude the proceedings as soon as possible, having due regard to the requirements of the proper administration of justice.
1.Individual measures
Payment of just satisfaction: on 29 May 2008, Luxembourg paid the applicant party € 20 000 pursuant to the friendly settlement.
Other measures: Following the European Court’s judgment, the parties abandoned the proceedings, which were struck out of the docket of the Luxembourg District Court.
The parties concluded a formal agreement before a notary on 27 April 2011, putting a definitive end to the dispute at issue. A copy of the notarised deed was sent to the secretariat on 11 July 2011.
The proceedings at issue in the Lemmer case having been closed and an agreement having been reached between the parties and duly notarised, the government considers that it has fulfilled its obligation to ensure that the closure of the proceedings as soon as possible. It therefore considers that the matter is closed and that no further measure is required.
2.General measures
Dissemination of the judgment: As with other judgments, this has been published on the internet site of the Ministry of Justice (). A notice calling attention to this posting was simultaneously published in the Luxembourg Official Journal (Mémorial B no70 of 19 September 2008). Finally, the judgment was published in the journal CODEX of March-April 2008.
The government considers that no further general measure is necessary.
25/07/2011
[1] Adopted by the Committee of Ministers on 14 September 2011 at the 1120th Meeting of the Ministers’ Deputies
[2] See also the Recommendations adopted by the Committee of Ministers in the context of the supervision of judgments of the European Court of Human Rights and in particular Recommendation Rec(2004)6 of the Committee of Ministers to member states on the improvement of domestic remedies.
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