Application No. 11295/84
Frede SCHMIDT
against
DENMARK
REPORT OF THE COMMISSION
(adopted on 3 March 1987)
TABLE OF CONTENTS
Page
INTRODUCTION ................................. 1
PART I : STATEMENT OF THE FACTS ............ 3
PART II : SOLUTION REACHED .................. 4
&SINTRODUCTION&_
1. This Report relates to Application No. 11295/84 introduced by
Frede Schmidt against Denmark on 29 September 1984 under Article 25 of
the Convention for the Protection of Human Rights and Fundamental
Freedoms. The application was registered on 7 December 1984.
The applicant was represented by Mr. Thomas Rørdam, a lawyer
practising in Copenhagen.
The Government were represented by their Agent, Mr. Tyge
Lehmann, Ministry of Foreign Affairs.
2. On 13 October 1986, the European Commission of Human Rights
declared admissible the applicant's complaint concerning the length of
the civil proceedings in question. The remainder of the application
was declared inadmissible.* The Commission then proceeded to carry
out its task under Article 28 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 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."
__________________
* This decision is public and can be obtained from the
Commission's Secretary.
3. The Commission found that the parties had reached a friendly
settlement of the case and on 3 March 1987 it adopted this Report
which, in accordance with Article 30 of the Convention, is confined to
a brief statement of the facts and of the solution reached.
The following members of the Commission were present when the
Report was adopted :
MM. J.A. FROWEIN, Acting President
C.A. NØRGAARD
G. SPERDUTI
G. JÖRUNDSSON
S. TRECHSEL
B. KIERNAN
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.C. SOYER
H.G. SCHERMERS
H. DANELIUS
&SPART I&_
STATEMENT OF THE FACTS
4. The applicant is a Danish citizen, born in 1949. He resides
at Sønderborg, Denmark.
5. The application concerns court proceedings instituted by the
applicant against a private company. These proceedings commenced on
28 June 1979 when the applicant filed a writ of summons with the
Sønderborg Civil Court (civilretten i Sønderborg) and ended on 5 April
1984 when the Supreme Court (Højesteret) pronounced judgment in the
case.
6. Before the Commission the applicant complained that there had
been no determination of his civil rights within a reasonable time.
He also complained that he had been ordered to pay the defendant's
legal costs, that the courts had failed to make a correct evaluation
of the facts and furthermore based their conclusions on incorrect
statements and on a wrong interpretation of the applicable laws.
7. On 2 December 1985 the Commission decided to bring the
application to the notice of the respondent Government and to invite
them to submit written observations on the admissibility and merits,
limited to the complaint concerning the length of the proceedings.
The Government's observations were submitted on 7 March 1986 and the
applicant's observations in reply were submitted on 27 June 1986.
8. Legal aid was granted to the applicant under the Addendum to
the Commission's Rules of Procedure on 19 March 1986.
9. On 13 October 1986 the Commission, having regard to Article 6
para. 1 of the Convention, declared admissible the applicant's
complaint concerning the length of the proceedings and rejected the
remainder of the application.
&SPART II&_
SOLUTION REACHED
10. Following its 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 (b) of the Convention and invited the parties to
submit any proposals they wished to make.
11. In accordance with its usual practice the Commission
instructed its Secretary to contact the parties for this purpose.
Following an exchange of letters channelled through the Commission the
Agent of the Government, by letter of 5 January 1987, made the
following statement :
"The Government has come to the conclusion that the
inconvenience for the applicant caused by the length of the
proceedings before the Supreme Court could form the basis for
offering the applicant a certain amount out of equity in order
to reach a friendly settlement. Without recognizing any legal
obligation in this respect the Danish Government would consider
an amount of D.kr. 20,000 to correspond to the above mentioned
inconvenience, the amount being understood to include such
expenses as might be assigned solely to the not foreseeable
length of the proceedings."
12. The applicant's representative submitted, by letter of 20
January 1987, the following statement on behalf of the applicant :
"Regarding the friendly settlement I can inform you that my
client Frede Schmidt is willing to accept the amount of
Danish kroner 20.000,00 as compensation for the inconvenience
for my client by the length of the proceedings before
the Supreme Court."
13. At its session on 3 March 1987 the Commission found from the
above statements that the parties had reached agreement regarding the
terms of settlement. It further found, having regard to
Article 28 (b) of the Convention, that a friendly settlement of the
present application had been secured on the basis of respect for
Human Rights as defined in the Convention.
For these reasons, the Commission adopted this Report.
Secretary to the Commission Acting President of the Commission
(H. C. KRÜGER) (J. A. FROWEIN)