Resolution CM/ ResDH (2012) 189 [1] Lajos Weller against Hungary

Execution of the judgment of the European Court of Human Rights

(Application No. 44399/05, judgment of 31/03/2009, final on 30/06/2009)

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 final judgment transmitted by the Court to the Committee in the above case and to the violation established (see document DH-D D ( 2012)879E );

Recalling that the respondent State ’ s obligation under Article 46, paragraph 1, of the Convention to abide to by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with its above-mentioned obligation;

Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2012)879E );

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.

Amended action Report of 5 April 2012

Appl. No. 44399/05

Lajos Weller, judgement of 31/03/2009

Introductory case summary

The applicants, Lajos Weller , and his twin sons, Dániel and Máté Weller complained - relying on Article 14 (prohibition of discrimination) taken together with Article 8 (right to respect for private and family life) - that they had been refused maternity benefits in 2005 because the mother of the children had not been eligible on account of her nationality. The European Court of Human Rights held unanimously that there had, - in respect of all applicants - been a violation, of Article 14 taken together with Article 8 of the Convention.

I. Individual measures

Just satisfaction awarded to the applicants was paid on 25 August 2009 in sum of 851,652 HUF. The Court awarded the applicants, jointly, EUR 1,500 in respect of non-pecuniary damage and EUR 950 for costs and expenses. In respect of pecuniary damage the Court awarded the applicants the entirety of the sum requested under this head, i.e. jointly HUF 179,719 (approximately EUR 720), which sum corresponds to the actual loss originating from the refusal of maternity benefits, plus interest.

No further individual measures are necessary in the execution process.

II. General measures

The decision was translated and the Hungarian version was published on the website of the Government ( www.korma n y.hu ).

The Government sent the judgement to the Ministry of National Resources in order to inform the relevant authority about the content of the judgment and to modify the Act no. 84 of 1998 on Family Support.

The Section 29 of the Act was amended with a new (3) paragraph which extended the scope of the Act for every woman legally residing in Hungary (see Act no. 171 of 2010, Section 79 and Act no. 201 of 2011, Section 173/d).

No further general measures were considered necessary, because similar problems can be avoided due to the change in the Act.

III. Conclusions of the respondent state

The Government consider that the measures adopted have fully remedied the consequences for the applicant of the violation of the Convention found by the Court in this case, and that Hungary has thus complied with its obligations under Article 46, Paragraph 1 of the Convention.

Budapest , 18 September 2012

                                      Zoltán Tallódi

  Agent of the Government of Hungary

[1] Adopted by the Committee of Ministers on 6 December 2012 at the 11 57 th Meeting of the Ministers’ Deputies .