Resolution CM/ResDH(2010)132[1]
Execution of the judgment of the European Court of Human Rights
Meulendijks against the Netherlands
(Application No. 34549/97, judgment of 14 May 2002, final on 14 August 2002)
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 judgment in this case, transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concerns the excessive length of proceedings before administrative bodies and tribunals (violation of Article 6, paragraph 1);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with the Netherlands’ obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit set, the respondent state paid the applicants the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures, preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix) and considering the decision taken at the 819th meeting of the Ministers’ Deputies (17 December 2002), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2010)132
Information about the measures to comply with the judgment in the case of
Meulendijks against the Netherlands
Introductory case summary
This case concerns the excessive length of proceedings before the Trade Association for the Timber and Furniture Industry and the Timber Wholesale Trade (Bedrijfsvereniging voor de Hout- en Meubelindustrie en Groothandel in Hout) and administrative tribunals (violation of Article 6 § 1). The proceedings lasted for seven years and four days for two levels of jurisdiction.
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
-
3 000 EUR
4 000 EUR
7 000 EUR
Paid on 25/06/2002
b) Individual measures
Since the proceedings in question are finished, no other individual measure, apart from the payment of just satisfaction, was considered necessary by the Committee of Ministers.
II.General measures
General measures have been taken in the context of the case of Schouten and Meldrum against the Netherlands, which was closed by the Committee of Ministers (see Resolution ResDH(96)21). Moreover, the Court’s judgment has been sent out to the authorities directly concerned.
III.Conclusions of the respondent state
The government considers that no individual measure is required, apart from the payment of the just satisfaction, that the general measures adopted will prevent similar violations and that the Netherlands have thus complied with their obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 15 September 2010 at the 1092nd meeting of the Ministers’ Deputies
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