Resolution ResDH(2005)106
concerning the judgment of the European Court of Human Rights
of 22 May 2003 (Friendly settlement)
in the case of Immo Fond'roy S.a. against Belgium
(Adopted by the Committee of Ministers on 26 October 2005
at the 940th 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 (hereinafter referred to as “the Convention”),
Having regard to the final judgment of the European Court of Human Rights in the case of Immo Fond'roy S.a. delivered on 22 May 2003 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in an application (No. 50567/99) against Belgium, lodged with the European Court of Human Rights on 11 June 1999 under Article 34 of the Convention by a Belgian company, Immo Fond'roy S.a., and that the Cour declared admissible the complaint concerning the length of certain proceedings related to civil rights and obligations before the Conseil d'Etat;
Whereas in its judgment of 22 May 2003 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 and took note of the parties' undertaking not to request a re-hearing of the case before the Grand Chamber;
Whereas under the above-mentioned friendly settlement it was agreed that the Government of Belgium would pay the applicant, the sum of 7 000 euros in respect of non-pecuniary and pecuniary damage as well as in respect of costs and expenses, within three months as from the delivery of the judgment;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (old Rule 44, paragraph 2) 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 Article 46, paragraph 2, of the Convention;
Having satisfied itself that on 5 September 2003 after the expiry of time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicant the sum provided in the friendly settlement as well as the default interest and that no other measure was required in the present case to conform to the Court's judgment,
Declares, after having examined the information supplied by the Government of Belgium, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
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