Resolution DH (2000) 81
concerning the judgment of the European Court of Human Rights
of 9 November 1999 (final on 9 February 2000)
in the case of Crossland against the United Kingdom
(Adopted by the Committee of Ministers on 29 May 2000
at the 709th 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 as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the judgment of the European Court of Human Rights in the Crossland case delivered on 9 November 1999 and transmitted to the Committee of Ministers once it had become final under Article 44 of the Convention;
Recalling that the case originated in an application (No. 36120/97) against the United Kingdom, lodged with the European Commission of Human Rights on 24 April 1997 under previous Article 25 of the Convention by Mr Christopher Crossland, a British national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the applicant's complaint that as a widower he had been subject to discrimination on grounds of sex in that the national Widow’s Bereavement Allowance was available only to women;
Whereas in its judgment of 9 November 1999 the Court, after having taken formal note of a friendly settlement reached by the Government of the respondent State and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously to strike the case out of its list;
Whereas under the above-mentioned friendly settlement it was agreed that the Government of the United Kingdom would pay the applicant 575 Pounds sterling representing the amount that the applicant would have been paid had Widow’s Bereavement Allowance been available to men at the date his wife died and 3 962.48 Pounds sterling in respect of costs and expenses, thus a total sum of 4 537.48 Pounds sterling;
Recalling that Rule 44, paragraph 2, of the Rules of the Court 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 once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of previous Article 54 which are, for the time being, applicable by analogy to cases transmitted to it under Article 46, paragraph 2, of the Convention;
Having satisfied itself that the Government of the respondent State had paid the applicant the sums provided for in the friendly settlement and that, furthermore, Section 34 of the Finance Act 1999 has abolished Section 262 of the Taxes Act 1988 (which provided income tax reduction for widows in the year of bereavement and the following year) as from 6 April 2000 (as established in Section 35 of the Finance Act 1999),
Declares, after having taken note of the information supplied by the Government of the United Kingdom, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
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