Resolution CM/ResDH(2013)172
Lönn against Sweden
Execution of the decision of the European Court of Human Rights
(Application No. 49801/08, decision of 4 December 2012)
(Adopted by the Committee of Ministers on 11 September 2013
at the 1177th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 39, paragraph 4, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of friendly settlements as they appear in the decisions of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),
Considering that in this case the Court, having taken formal note of 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 to strike this case from its list;
Having satisfied itself that the terms of the friendly settlement were executed by the government of the respondent State (see document DH-DD(2013)658),
DECLARES that it has exercised its functions under Article 39, paragraph 4, of the Convention and
DECIDES to close its examination.
Stockholm 28 May 2013
Ministry for Foreign Affairs
Sweden
Action report
Lönn v. Sweden
Application No. 49801/08, decision final on 4 December 2012
Case description:
The applicant, the father of a child, complained under Articles 6 and 14 of the Convention and Article 1 of Protocol No. 1 to the Convention, in particular, that he had suffered gender-based discrimination as a result of the provisions of the 1947 Child Allowances Act, which stipulated that a child allowance must be paid in full to the mother in the case of separated parents with joint custody, unless the mother consented to a different distribution.
In June 2012, the government reached a friendly settlement with the applicant containing the following:
“The government and the applicant have now reached the following friendly settlement on the basis of respect for human rights, as defined in the [Convention], in order to terminate the proceedings before the Court.
a) The government will pay, ex gratia, to the applicant the sum of €8 000 (eight thousand), to be converted into Swedish kroner at the rate applicable on the date of payment. [...] Execution of payment will take place when the government has received the Court’s decision striking the case out of its list of cases.
b) The applicant declares that he has no further claims on the Swedish State based on the facts of the [present] application. This settlement is dependent upon the formal approval of the government at a Cabinet meeting.”
By a decision of 20 September 2012, the government approved the settlement reached and by a decision of 4 December 2012, the Court struck the application out of its list of cases in accordance with Article 39 of the Convention.
Just satisfaction:
The agreed sum of €8 000 have been paid on 17 December 2012 and evidence supplied. The government considers no further individual measures are required.
General measures:
The government also considers no general measures to be necessary.
State of execution:
The government considers that all necessary measures have been taken and that the case should be closed.
Full & Egal Universal Law Academy