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Rezolucja
Komitetu Ministrów Rady Europy
z dnia 2 grudnia 2011 r.
25907/02

UZASADNIENIE

Sentencja

Resolution CM/ResDH(2011)198 1

Execution of the judgment of the European Court of Human Rights

Topp against Denmark

(Application No. 25907/02, judgment of 1 December 2005, friendly settlement)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter "the Convention" and "the Court");

Having regard to the final judgment transmitted by the Court to the Committee;

Recalling that the applicant's complaint declared admissible in this case concerned the length of proceedings before the Probate Court regarding ownership of a house which was part of the estate of a deceased person (complaint under Article 6, paragraph 1);

Whereas in this case the Court, having taken formal note of the friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols decided, unanimously, to strike this case out of its list and took note of the parties' undertaking not to request a re-hearing of the cases before the Grand Chamber;

Whereas under the terms of this friendly settlement it was agreed that the government of the respondent state would pay the applicant 74 500 DKK, within three months as from the notification of the judgment;

Recalling that the striking-out of a case which has been declared admissible is effected by means of a final judgment which the Court forwards to the Committee of Ministers to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;

Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;

Having examined the information provided in accordance with the Committee's Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 19 December 2005, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state paid the applicant the sums provided for in the friendly settlement and that no other measure was required in these cases to comply with the Court's judgment;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case and

DECIDES to close its examination.

1

Adopted by the Committee of Ministers on 2 December 2011 at the 1128th Meeting of the Ministers' Deputies