Resolution CM/ResDH(2010)26[1]
Execution of the judgment of the European Court of Human Rights
Van Houten against Netherlands
(Application No. 25149/03, judgment of 29 September 2005, final on 29 December 2005, striking out)
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, transmitted by the Court to the Committee once it had become final;
Recalling that the applicant’s admissible complaint in this case concerned the excessive length of certain proceedings concerning his request for a disability pension (complaint under Article 6, paragraph 1).
Recalling that by a letter of 7 July 2005, the government of the respondent state informed the Court of its unilateral declaration, by which it acknowledged the excessive length of the proceedings at issue and offered the applicant 5 000 euros as compensation for non-pecuniary damages and 1 000 euros for costs and expenses, and consequently argued that it was no longer justified to continue the examination of the case within the meaning of Article 37 paragraph 1 (c) of the Convention;
Whereas in its judgment the Court held that the requirements for the application of Article 37 paragraph 1 (c) of the Convention were met in the present case, and that no other particular consideration related to respect for the human rights guaranteed in the Convention, justified pursuit of the application under Article 37, paragraph 1 in fine;
- decided, unanimously, to strike the case out of the list;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgment, having regard to it’s obligation under Article 46, paragraph 1, of the Convention to abide by it;
Having satisfied itself that, on 18 October 2008, within the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment,
Having examined the information supplied by the government of the Netherlands,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case and
DECIDES to close its examination.
[1] Adopted by the Committee of Ministers on 4 March 2010 at the 1078th meeting of the Ministers’ Deputies.
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