The Committee of Ministers, under the terms of Article 54 (art. 54)
of the Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as the "Convention");
Having regard to the judgments of the European Court of Human
Rights in the König case, delivered on 28 June 1978 and 10 March 1980
and transmitted the same days to the Committee of Ministers;
Recalling that the case had its origin in the application against the
Federal Republic of Germany lodged with the European Commission of
Human Rights under Article 25 (art. 25) of the Convention by a German
citizen, Dr Eberhard König, complaining of the dilatory nature of
the proceedings before the Frankfurt Administrative Court and alleging
violation of Article 6 (art. 6) of the Convention;
Recalling that the case had been brought before the Court by the
Government of the Federal Republic of Germany and by the European
Commission of Human Rights;
Whereas, in its judgment of 28 June 1978, the Court held:
- by fifteen votes to one that Article 6, paragraph 1 (art. 6-1) is
applicable to the proceedings relative to the withdrawal of the
applicant's authorisation to run his clinic;
- by fourteen votes to two that Article 6, paragraph 1 (art. 6-1) is
applicable to the proceedings relative to the withdrawal of the
applicant's authorisation to practise;
- by fifteen votes to one that there has been a violation of Article 6,
paragraph 1 (art. 6-1) as regards the duration of the proceedings
relative to the withdrawal of the authorisation to run the clinic;
- by fifteen votes to one that there has been a violation of Article 6,
paragraph 1 (art. 6-1) as regards the duration of the proceedings
relative to the withdrawal of the authorisation to practise;
- unanimously that the question of the application of Article 50
(art. 50) is not ready for decision;
- and reserved the whole of the question of the application of
Article 50 (art. 50);
Whereas, in its judgment of 10 March 1980, the Court held
unanimously that the Federal Republic of Germany is to pay Dr König
compensation of 39 789.95 DM;
Having regard to the "Rules concerning the application of
Article 54 (art. 54) of the Convention";
Having invited the Government of the Federal Republic of Germany
to inform it of the measures which had been taken in consequence of
the judgments, having regard to its obligations under Article 53
(art. 53) of the Convention to abide by the judgments;
Whereas, during the examination of this case by the Committee of
Ministers, the Government of the Federal Republic of Germany informed
the Committee of the measures taken in consequence of the judgments;
Having satisfied itself that the Government of the Federal
Republic of Germany has awarded the just satisfaction provided for in
the judgment of the Court of 10 March 1980,
Declares that it has exercised its function under Article 54
(art. 54) of the Convention in this case.