CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 12 février 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 }  The Committee of Ministers, under the terms of Article 54 (art. 54) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the convention"),   Having regard to the judgments of the European Court of Human Rights in the Barthold case, delivered on 25 March 1985 and on 31 January 1986 and transmitted the same day to the Committee of Ministers;   Recalling that the case had its origin in an application against the Federal Republic of Germany, lodged with the European Commission of Human Rights under Article 25 (art. 25) of the convention by a German citizen, Mr Sigurd Barthold, complaining, as far as the application was declared admissible, that the prohibitory injunctions issued against him by the German Courts in private law proceedings concerning unfair competition prevented him from making known his views on the need for an emergency veterinary service and thereby violated his freedom of expression;   Recalling that the case had been brought before the Court by the European Commission of Human Rights;   Whereas in its judgment of 25 March 1985 the Court held by five votes to two that there was a breach of Article 10 (art. 10), unanimously that it had no jurisdiction to entertain the applicant's complaint under Article 11 (art. 11) and that the question of the application of Article 50 (art. 50) was not ready for decision;   Whereas in its judgment of 31 January 1986 the Court unanimously decided to strike the case out of the list as far as the claims filed by the applicant on 25 July 1985 were concerned and held that, as regards the remainder of the applicant's claims, the judgment of 25 March 1985 constituted of itself sufficient just satisfaction for the purposes of Article 50 (art. 50);   Recalling that Rule 48, paragraph 3, of the Rules of Court of the European Court of Human Rights provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers in order to allow it to supervise, in accordance with Article 54 (art. 54) of the convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;   Having invited the Government of the Federal Republic of Germany to inform it of the measures taken for the execution of the undertakings attached to the solution of the case;   Whereas, during the examination of this case by the Committee of Ministers, the Government of the Federal Republic of Germany informed the Committee of the measures taken, which information appears in the appendix to this resolution,   Declares, having taken note of this information, that it has exercised its functions under Article 54 (art. 54) of the convention in this case.   Appendix to Resolution DH (87) 5   Information provided by the Government of the Federal Republic of Germany during the examination of the Barthold case before the Committee of Ministers   Following the partial settlement between the Government of the Federal Republic of Germany and the applicant, which was lodged on 16 December 1985 in the Registry of the Court by the applicant's counsel, the free   Hanseatic City of Hamburg has paid the sum of 28 000 DM as compensation.   Counsel for the applicant has confirmed the payment of this sum in a letter addressed to the Registry of the Court dated 6 March 1986.