The Committee of Ministers, under the terms of Article 32 (art. 32) of the
Convention for the Protection of Human Rights and Fundamental Freedoms
(hereinafter referred to as "the Convention"),
Having regard to the report drawn up by the European Commission of Human Rights
in accordance with Article 31 (art. 31) of the Convention relating to the
application lodged on 27 July 1984 by Mrs D. against the Federal Republic of
Germany (Application No. 11157/84);
Whereas on 1 September 1989 the Commission transmitted the said report to the
Committee of Ministers and whereas the period of three months provided for in
Article 32, paragraph 1 (art. 32-1), of the Convention elapsed without the case
having been brought before the European Court of Human Rights in pursuance of
Article 48 (art. 48) of the Convention;
Whereas in her application the applicant complained inter alia of the excessive
length of civil proceedings brought by her against a surgeon;
Whereas the Commission declared the application admissible on 15 December 1988
as regards the above-mentioned complaint and in its report adopted on
12 July 1989 expressed the opinion, by seventeen votes to one, that there had
been a violation of Article 6, paragraph 1 (art. 6-1), of the Convention;
Agreeing with the opinion expressed by the Commission in accordance with
Article 31, paragraph 1 (art. 31-1), of the Convention;
Having examined the proposals made by the Commission concerning just
satisfaction for the applicant,
Decides, having voted in accordance with the provisions of Article 32,
paragraph 1 (art. 32-1), of the Convention that there has been a violation of
Article 6, paragraph 1 (art. 6-1), of the Convention in this case;
Recommends, under Rule 5 of the Rules adopted by the Committee of Ministers for
the application of Article 32 (art. 32) of the Convention, that the Government
of the Federal Republic of Germany pay to the applicant the sum of
9 000 Deutschmarks in respect of non-pecuniary damage and in respect of
costs and expenses;
Decides, therefore, that no further action is called for in this case.
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