ECHR: J.F. v. Germany (application no. 16741/16)

The applicant, J.F., is a German national who was born in 1976 and lives in Buseck (Germany). The case concerned the length of civil proceedings with regard to a property in a shared complex that Ms F. had purchased in 2003.

In June 2007 Ms F. instigated proceedings against the property developer seeking compensation (roughly 17,000 Euros) for alleged defects in her residential unit which had led to damp and mould on the walls. The proceedings resulted in a friendly settlement in October 2012.

In the meantime, Ms F. lodged a complaint with the Court of Appeal seeking compensation for the excessive length of the proceedings she had brought against the property developer. The Court of Appeal rejected her complaint in January 2013. It found that, while there had been some shortcomings in the way the Regional Court had given instructions to an expert appointed to write a report on the property, the case had been complicated, and the applicant herself had repeatedly lodged applications, objections and appeals throughout the proceedings. It therefore ruled that, overall, the length of the proceedings had not been unreasonable.

All her further appeals were rejected by the domestic courts.

Relying on Article 6 § 1 (right to a fair hearing within a reasonable time) of the European Convention on Human Rights, Ms F. complained about the excessive length of the proceedings.

No violation of Article 6 § 1

Press Release ECHR 25 24/01/2019 – J.F. v. Germany (application no. 16741/16)