CEDH · CASELAW;REPORTS;ENG — 3 mars 1987

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }  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 <caused> 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)