PROCEDURE

The case originated in an application against Denmark lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Danish national, Mr Kurt Nielsen, (“the applicant”), on 23 September 1996. The application was registered on 18 October 1996 under file no. 33488/96. The applicant complained that, contrary to Article 6 § 1 of the Convention, civil proceedings instituted by him had not been heard within a reasonable time.

On 9 September 1998 the Commission (Second Chamber) decided to give notice of the application to the respondent Government and invited them to submit their observations on its admissibility and merits. The Government submitted their observations on 17 November 1998, to which the applicant replied on 28 December 1998.

Following the entry into force of Protocol No. 11 to the Convention on 1 November 1998 and in accordance with the provisions of Article 5 § 2 thereof, the application falls to be examined by the Court.

In accordance with Rule 52 § 1 of the Rules of Court, the President of the Court, Mr L. Wildhaber, assigned the case to the Second Section. The Chamber constituted within the Section included ex officio Mr P. Lorenzen, the judge elected in respect of Denmark (Article 27 § 2 of the Convention and Rule 26 § 1 (a) of the Rules of Court), and Mr C.L. Rozakis, the President of the Section (Rule 26 § 1 (a)). The other members designated by the latter to complete the Chamber were Mr M. Fischbach, Mr G. Bonello, Mrs V. Stráznická, Mr A.B. Baka, and Mr E. Levits (Rule 26 § 1 (b)). Mrs V. Stráznická was subsequently unable to participate in the examination of the case and she was replaced by Mrs M. Tsatsa‑Nikolovska.

On 22 June 1999, the Court declared the application admissible.

AS TO THE FACTS

The applicant is a Danish citizen, born in 1966. He resides in Skanderborg, Denmark.

On 12 November 1986 the applicant was involved in a car accident. He was severely injured and is now partly disabled.

On 26 February 1988 the applicant instituted proceedings against three insurance companies in the City Court of Skanderborg (retten i Skanderborg). He claimed that the defendant companies should be held liable to pay, jointly and severally, a specified amount in compensation for permanent disablement and loss of working capacity.

On 11 May 1988 the case was adjourned pending the outcome of the applicant’s request to the National Board of Industrial Injuries (Arbejdsskadestyrelsen, hereinafter called the NBI), to give an opinion on the degree of disablement and working capacity. The applicant was hereafter examined by two medical experts at the request of the NBI which also, on 2 February 1989, requested the Municipality of Skanderborg to provide certain information. This information was provided by the Municipality on 21 December 1989, following which the NBI submitted its expert opinion on 17 January 1990. On 7 March 1990 the NBI was asked certain additional questions as to the degree of disablement and working capacity. By letter of 8 February 1991, the Board maintained its opinion.

On 22 February 1991 the applicant requested the NBI to submit an opinion as to the moment in time his injuries could be considered stationary. The NBI submitted its opinion on 13 May 1991.

From May 1991 until March 1992 the parties exchanged views and submitted pleadings during a number of preliminary court sessions. During this period the applicant was asked several times by the defendants to provide additional and more specific particulars. On 11 March 1992 one of the defendant companies produced a supplementary list of questions for the NBI to which the applicant objected, in particular since they ought to have been submitted much earlier. On 8 April 1992 the City Court adjourned the case in order to obtain further information from the NBI. It nevertheless scheduled the trial to commence on 24 August 1992. The NBI was informed on 13 April 1992 of the request to submit a further opinion. On 13 August 1992 the City Court decided to adjourn the case until further notice since the information from the NBI was not available. The court took note of the fact that the applicant’s counsel opposed a division of the case in order to decide the liability question separately. The applicant appealed against the decision to adjourn the case to the High Court of Western Denmark (Vestre Landsret) which, however, upheld the decision on 1 October 1992.

On 8 January 1993 the NBI - which had only on 4 November 1992 received payment of an obligatory charge from the defendants’ counsel - announced that it could not submit a reply on the basis of the previous medical examinations as they were considered to be too old. The applicant was accordingly examined again by medical experts following which the NBI submitted its opinion as to the applicant’s degree of disablement and working capacity on 30 June 1994.

On 25 January 1995 the case was heard by the City Court. By judgment of 15 February 1995 the defendant companies were held liable to pay 950,803.60 DKK plus interest to the applicant. On 28 February 1995 the defendants appealed against the judgment to the High Court of Western Denmark. On 28 September 1995 the High Court fixed the trial to commence on 1 August 1996. It was later rescheduled to commence on 5 September 1996.

By judgment of 9 September 1996 the High Court upheld the judgment of the City Court. The judgment has become final.