HOFSTEDE AND OTHERS v. THE NETHERLANDS

FOURTH SECTION

DECISION

Application no. 26424/23
Tessel HOFSTEDE against the Netherlands
and 3 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 13 March 2025 as a Committee composed of:

 Anne Louise Bormann, President,
 Sebastian Răduleţu,
 András Jakab, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on 26 June 2023,

Having regard to the declarations submitted by the Government of the Kingdom of the Netherlands requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants were represented by Mr. W.H. Jebbink, a lawyer practising in Amsterdam.

The applicants’ complaints under Article 11 of the Convention concerning an area ban, imposed on the applicants through a criminal behaviour order (gedragsaanwijzing), were communicated to the Government of the Kingdom of the Netherlands (“the Government”). This criminal behaviour order was imposed on the applicants in the context of ongoing criminal proceedings on suspicion of inciting attendance of and taking part in the blockade of a highway, as part of a protest organised by the international activist movement Extinction Rebellion (XR). Because of the measures imposed, the applicants were prevented from participating in the protest on the A12 highway organised by XR on 28 January 2023.

After unsuccessful friendly-settlement negotiations, on 11 November 2024 the Government submitted a declaration with a view to resolving the issues raised by these complaints. This declaration was modified on 10 January 2025. They further requested the Court to strike out the applications.

The Government acknowledged that in light of the specific facts and circumstances of these cases, the area bans which had been imposed on the applicants were not in line with the requirements of Article 11 of the Convention and therefore constituted a violation of that provision.

They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above‑mentioned three-month period, the Government undertook to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

The payment will constitute the final resolution of the cases.

On 23 January 2025 the applicants informed the Court that they agreed to the terms of the declarations of 11 November 2024, as modified on 10 January 2025.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

The Court finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases should be treated as a friendly settlement between the parties.

It therefore takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify the continued examination of the applications.

In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 3 April 2025.

 Viktoriya Maradudina Anne Louise Bormann
 Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 11 of the Convention

[1] Plus any tax that may be chargeable.

[2] Plus any tax that may be chargeable to the applicants.