Freitag v Germany - 71440/01 [2011] ECHR 1643 (08 August 2011)

Freitag v Germany - 71440/01 [2011] ECHR 1643 (08 August 2011)

The European Court found that the delay in transferring the case was attributable to the Hamburg Regional Court, and the applicant could not reasonably be expected to initiate new proceedings and incur additional costs. The domestic courts failed to balance legal certainty with the applicant’s right to have his claim examined, resulting in a violation of Article 6(1) ECHR.

Citation
[2011] ECHR 1643
Parties
Applicant: Freitag; Respondent: Germany
Jurisdiction
European Union
Judgment Date
08 August 2011
Procedural Posture
Application to the European Court of Human Rights / Execution of Judgment; Post Final Judgment Compliance Review
Outcome
case closed; execution of judgment complete
Legal Topics
Right of Access to a Court, Judicial Delay, Transfer of Proceedings, Article 6 ECHR
Human Rights Law Civil Procedure Right of Access to a Court Judicial Delay Transfer of Proceedings Article 6 ECHR

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Parties

Freitag

Applicant

Germany

Respondent

Procedural Posture

Application to the European Court of Human Rights / Execution of Judgment; Post Final Judgment Compliance Review

Legal Issues

  1. 1 Whether the applicant's right of access to a court under Article 6(1) ECHR was violated due to procedural delays in transferring the case to the competent court.

Ratio Decidendi

The European Court found that the delay in transferring the case was attributable to the Hamburg Regional Court, and the applicant could not reasonably be expected to initiate new proceedings and incur additional costs. The domestic courts failed to balance legal certainty with the applicant’s right to have his claim examined, resulting in a violation of Article 6(1) ECHR.

Court Disposition

case closed; execution of judgment complete

Orders

  • Payment of just satisfaction to the applicant
  • No further individual measures required