GRITSCHNEDER AGAINST GERMANY



     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 13 September 1987 by Mr Siegfrid Gritschneder against Germany

(Application No. 13882/88);

     Whereas on 24 August 1993 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 has 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 his application the applicant complained of the

excessive length of certain criminal proceedings directed against

him;

     Whereas the Commission declared the application admissible

on 8 September 1992 and in its report adopted on 30 June 1993

expressed by eight votes to two the opinion that there had been

a violation of Article 6, paragraph 1 (art. 6-1), of the

Convention;

     Whereas, during the examination of the case the Committee

of Ministers was informed that on 8 December 1993 a friendly

settlement had been reached between the applicant and the

Government of Germany under the terms of which the applicant

would receive 12 700 Deutschmarks as full compensation for all

his claims arising out of the above application;

     Having satisfied itself that on 23 December 1993 the

Government of Germany paid the applicant the sum agreed upon,

     Finds that the solution reached is based on respect for

human rights as defined in the Convention;

     Decides therefore, under Rule 6 bis of the rules adopted by

the Committee of Ministers for the application of Article 32

(art. 32) of the Convention, to discontinue its examination of

the present case;

     Authorises the publication of the report adopted by the

Commission in this case.

 

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