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 23 September 1988 by Mrs Berta Maas against Germany
(Application No. 14365/88);
Whereas on 1 July 1991 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 her application the applicant complained of the
excessive length of civil proceedings;
Whereas the Commission declared the application admissible
on 7 May 1990 and in its report adopted on 31 May 1991 expressed
unanimously the opinion that there had been a violation of
Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas, at the 464th meeting of the Ministers' Deputies
held on 18 October 1991, the Committee of Ministers, agreeing
with the opinion expressed by the Commission, held, having voted
in accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the Convention, that there had been in this case
a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention;
Whereas the Committee of Ministers examined the proposals
made by the Commission when transmitting its report as regards
just satisfaction to be awarded to the applicant, proposals
supplemented by a letter of the President of the Commission dated
10 April 1992;
Whereas on 15 May 1992 the Committee of Ministers held, in
accordance with Article 32, paragraph 2 (art. 32-2), of the
Convention, that the Government of Germany was to pay the
applicant within three months 9 000 Deutschmarks in respect of
non-pecuniary damage;
Whereas the Committee of Ministers invited the Government
of Germany to inform it of the measures taken following its
decisions of 18 October 1991 and 15 May 1992, having regard to
Germany's obligation under Article 32, paragraph 4 (art. 32-4),
of the Convention to abide by them;
Whereas the Committee of Ministers satisfied itself that on
15 July 1992 the Government of Germany paid the applicant the sum
of 9 000 Deutschmarks in respect of just satisfaction,
Declares, having taken note of the measures taken by the
Government of Germany, that it has exercised its functions under
Article 32 (art. 32) of the Convention in this case;
Authorises the publication of the report adopted by the
Commission.
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