Resolution CM/ResDH(2013)27[1]
Tsikakis against Germany
Execution of the judgment of the European Court of Human Rights
(Application No. 1521/06, judgment of 10/02/2011, final on 10/05/2011)
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 final judgment transmitted by the Court to the Committee in the above case and to the violation established (see document DH-DD(2013)159E);
Recalling that the respondent State’s obligation under Article 46, paragraph 1, of the Convention to abide to by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with its above-mentioned obligation;
Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2013)159E);
Recalling that issues relating to the excessive length of judicial proceedings in Germany are examined by the Committee of Ministers within the context of the Rumpf pilot judgment (application no. 46344/06);
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.
Application T. v. Germany (No. 1521/06)
Report on the execution of the judgment of the European Court of Human Rights
delivered on 10 February 2011
1.Violation of the Convention determined by the Court
The European Court of Human Rights found that there had been a violation of Article 8 of the Convention because the applicant was prevented from exercising his access rights, which were ordered by the domestic courts and agreed upon by the parties during the course of proceedings on the applicant’s request for access rights. The domestic courts failed to take effective measures (such as a coercive fine) against the mother so that the applicant could have access to his son, who was born on 31 March 1995.
In addition, the Court found that the excessive length of the above-mentioned proceedings had violated Article 6 of the Convention.
2.Individual measures
The compensation awarded amounting to € 10,100.00 was transferred to the Applicant’s account on 9 August 2011.
The applicant had the right to make a new request to have access to his son after the judgment of the Court became final. However, he did not make such a request. In any event, the applicant’s son will reach the age of eighteen on 31 March 2013 and then be considered adult under German law. Therefore, no further individual measures are necessary for the execution of the judgment.
3.General measures
Publication and dissemination of the judgment
The courts that were involved in the court proceedings were notified of the judgment. Furthermore, a German translation of the judgment was sent to all the ministries of justice of the Länder for notification within their remit.
In addition to this, a German translation of the judgment was published on the website of the Federal Ministry of Justice in the Ministry’s case-law database (/egmr). Furthermore, the translation was sent to several important publishing houses that bring out legal periodicals. Subsequently the judgment was published in „Zeitschrift für das gesamte Familienrecht“ (FamRZ 2011, 1125).
Moreover, the judgment has been included in the report drawn up in the Federal Ministry of Justice, entitled Bericht über die Rechtsprechung des Europäischen Gerichtshofs für Menschenrechte und die Umsetzung seiner Urteile in Verfahren gegen die Bundesrepublik Deutschland im Jahr 2011 (“Report on the Case Law of the European Court of Human Rights and on the Execution of its Judgments in Cases against the Federal Republic of Germany in 2011”). This report was widely disseminated and published on the Federal Ministry of Justice website: .
Legal protection against excessive length of court proceedings
In terms of establishing effective legal protection against excessive length of court proceedings, reference is made to the reports regarding the pilot judgment in the Rumpf case (No. 46344/06).
4.Conclusion
The government considers that no individual measures, other than the payment of just satisfaction, are required, that the general measures adopted will prevent similar violations and that Germany has thus complied with its obligations under Article 46, paragraph 1 of the Convention.
[1] Adopted by the Committee of Ministers on 7 March 2013 at the 1164th meeting of the Ministers’ Deputies.
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