Resolution CM/ResDH(2014)34
Execution of the judgment of the European Court of Human Rights
C.N. against the United Kingdom
Application No.
Case
Judgment of
Final on
4239/08
C.N.
13/11/2012
13/02/2013
(Adopted by the Committee of Ministers on 6 March 2014
at the 1193rd meeting of the Ministers’ Deputies)
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 in this case and to the violation established;
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2013)1018);
Having further examined the applicant’s representative’s claim that VAT should be added to the Court’s award for costs and expenses (see document DH-DD(2013)881) as well as the authorities’ response (see document DH-DD(2013)1019), and finding that there is no indication that the award to the applicant, reimbursing her for her costs and expenses in bringing her case, did not include VAT, or that any taxes would have been chargeable to her[1];
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.
[1] See also document CM/Inf/DH(2008)7 final 15 January 2009: Monitoring of the payment of sums awarded by way of just satisfaction indicating the Committee’s usual interpretation that the amounts awarded for costs and expenses include VAT.
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