The Committee of Ministers, under the terms of Article 54
(art. 54) of the Convention for the Protection of Human Rights
and Fundamental Freedoms (hereinafter referred to as "the
Convention"),
Having regard to the judgments of the European Court of
Human Rights in the Vermeire case delivered on 29 November 1991
and on 4 October 1993, and transmitted the same days to the
Committee of Ministers;
Recalling that the case originated in an application against
Belgium lodged with the European Commission of Human Rights on
1 April 1987 under Article 25 (art. 25) of the Convention, by
Ms Astrid Vermeire, a Belgian national, who complained that the
Belgian courts had refused to accept her as an heir to her
grandparents' estate because of her status as an illegitimate
grandchild;
Recalling that the case was brought before the Court by the
Commission on 11 July 1990;
Whereas in its judgment of 29 November 1991 the Court:
- held, by eight votes to one, that the Belgian State was
under no obligation to reopen the succession to the estate of
Irma Vermeire née Van den Berghe;
- held, unanimously, that the applicant's exclusion from the
estate of Camiel Vermeire violated Article 14 in conjunction with
Article 8 (art. 14+8) of the Convention;
- held, unanimously, that the question of the application
of Article 50 (art. 50) was not ready for decision;
Whereas in its judgment of 4 October 1993 the Court, inter
alia, held unanimously that Belgium was to pay the applicant
within three months, 22 192 511 Belgian francs in respect of
damage, plus statutory interest from 1 October 1993, plus
2 000 000 Belgian francs in respect of costs and expenses;
Having regard to the Rules adopted by the Committee of
Ministers concerning the application of Article 54 (art. 54) of
the Convention;
Having invited the Government of Belgium to inform it of the
measures which had been taken in consequence of the judgments of
29 November 1991 and 4 October 1993, having regard to its
obligation under Article 53 (art. 53) of the Convention to abide
by them;
Whereas, during the examination of the case by the Committee
of Ministers, the Government of Belgium gave the Committee
information about the measures taken in consequence of the
judgments, which information appears in the appendix to this
resolution;
Having satisfied itself that the Government of Belgium has
paid the applicant, within the time-limit set, the sums provided
for in the judgment of 4 October 1993,
Declares, after having taken note of the information
supplied by the Government of Belgium, that it has exercised its
functions under Article 54 (art. 54) of the Convention in this
case.
Appendix to Resolution DH (94) 3
Information provided by the Government of Belgium
during the examination of the Vermeire case
by the Committee of Ministers
The entry into force of the Act of 31 March 1987 amending
various legal provisions concerning affiliation (published in the
Moniteur Belge on 27 May 1987) has henceforth brought Belgian
legislation into compliance with the Convention as regards the
equality between legitimate children and natural children.
Full & Egal Universal Law Academy