EUROPEAN COMMISSION OF HUMAN RIGHTS
SECOND CHAMBER
Application No. 22230/93
Erik Damm
against
Denmark
REPORT OF THE COMMISSION
(adopted on 21 May 1996)
TABLE OF CONTENTS
Page
INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
PART I : STATEMENT OF THE FACTS . . . . . . . . . . . . . . . . . 3
PART II : SOLUTION REACHED . . . . . . . . . . . . . . . . . . . . 4
INTRODUCTION
1. This Report relates to the application introduced under
Article 25 of the European Convention for the Protection of Human
Rights and Fundamental Freedoms by Erik Damm against Denmark on
4 May 1993. It was registered on 13 July 1993 under file No. 22230/93.
2. The applicant was represented by Mr. Tyge Trier, a lawyer
practising in Copenhagen.
3. The Government of Denmark were represented by their Agent,
Ambassador Laurids Mikaelsen of the Ministry of Foreign Affairs.
4. The application relates to the applicant's complaint under
Articles 6 and 13 of the Convention concerning the proceedings in a
civil suit brought before the High Court of Eastern Denmark (Østre
Landsret). On 19 October 1995 the Commission (Second Chamber) declared
the application admissible in so far as it concerned the length of the
court proceedings. The remainder of the application was declared
inadmissible.
5. The Commission then proceeded to carry out its task under
Article 28 para. 1 of the Convention which provides as follows:
"In the event of the Commission accepting a petition
referred to it:
a. it shall, with a view to ascertaining the facts,
undertake together with the representatives of the parties
an examination of the petition and, if need be, an
investigation, for the effective conduct of which the
States concerned shall furnish all necessary facilities,
after an exchange of views with the Commission;
b. it shall at the same time place itself at the disposal
of the parties concerned with a view to securing a friendly
settlement of the matter on the basis of respect for Human
Rights as defined in this Convention."
6. The Commission found that the parties had reached a friendly
settlement of the case and on 21 May 1996 it adopted this Report,
which, in accordance with Article 28 para. 2 of the Convention, is
confined to a brief statement of the facts and of the solution reached.
7. The following members were present when the Report was adopted:
Mr. H. DANELIUS, President
Mrs. G.H. THUNE
MM. G. JÖRUNDSSON
H.G. SCHERMERS
F. MARTINEZ
L. LOUCAIDES
J.-C. GEUS
M.A. NOWICKI
I. CABRAL BARRETO
J. MUCHA
D. SVÁBY
P. LORENZEN
E. BIELIUNAS
PART I
STATEMENT OF THE FACTS
8. In April 1983 the applicant instituted proceedings in the High
Court of Eastern Denmark against a former legal counsel in order to
obtain damages for alleged procedural errors committed by counsel in
a previous law-suit between the applicant and a private company.
9. On 24 April 1991 the High Court dismissed the case as the
applicant had failed to comply with the Court's order to engage a
lawyer to represent him in the proceedings. This decision was quashed
by the Supreme Court (Højesteret) on 6 August 1991.
10. On 25 January 1995 the High Court dismissed the case once more,
now since the applicant had not provided the necessary security to
cover the costs of the court appointed counsel. The applicant did not
appeal against this decision.
11. Before the Commission the applicant complained, under Articles 6
and 13 of the Convention, of the length of the court proceedings.
PART II
SOLUTION REACHED
12. Following the decision on the admissibility of the application,
the Commission placed itself at the disposal of the parties with a view
to securing a friendly settlement in accordance with Article 28
para. 1 (b) of the Convention and invited the parties to submit any
proposals they wished to make.
13. In accordance with the usual practice, the Chamber Secretary,
acting on the Commission's instructions, contacted the parties to
explore the possibilities of reaching a friendly settlement.
14. By letter of 9 May 1996 the applicant's representative submitted,
inter alia, the following:
"I have negotiated with the representatives of the
Government and I can inform you that the applicant is now
willing to settle the case under Article 28 para. 1 b of
the Convention for a payment by the Government of a sum of
DKK 55,000 (fiftyfivethousand) to the applicant with the
addition of payment of reasonable legal expenses. I can
inform you that the legal fees have so far not exceeded
DKK 12,000 excluding applicable VAT. I have today been
informed that the Government is prepared to settle the case
in accordance with these terms."
By letter of 13 May 1996 the Agent of the respondent Government
submitted the following:
"With reference to ... the above application, I am pleased
to confirm that the Government is ready to pay the sum of
DKK 55,000 (fifty-five thousand DKK) to the applicant and
to pay the reasonable legal expenses, which so far have not
exceeded DKK 12,000 excluding applicable VAT."
15. At its session on 21 May 1996, the Commission noted that the
parties had reached an agreement regarding the terms of a settlement.
It further considered, having regard to Article 28 para. 1 (b) of the
Convention, that the friendly settlement of the case had been secured
on the basis of respect for Human Rights as defined in the Convention.
16. For these reasons, the Commission adopted the present Report.
Secretary to the Second Chamber President of the Second Chamber
(M.-T. SCHOEPFER) (H. DANELIUS)
Full & Egal Universal Law Academy