Resolution CM/ ResDH (2011)88 [1]

Execution of the judgment of the European Court of Human Rights

Pla and Puncernau against Andorra

(Application No. 69498/01, judgments of 13/07/2004, final on 15/12/2004

and of 10/10/2006, Friendly settlement)

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 judgments transmitted by the Court to the Committee once they had become final;

Recalling that the violation of the Convention found by the Court in this case concerns discrimination in inheritance rights on grounds of filiation (violation of Article 14 read in conjunction with Article 8) (see details in Appendix);

Recalling that in its judgment of 10/10/2006 on just satisfaction the Court , having taken note of the friendly settlements reached by the government of the respondent state and the applicant parties, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention and the Protocols thereto, decided to strike this case out of its list;

Having invited the government of the respondent state to inform the Committee of the mea s ures taken to comply with its obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgments;

Having examined the information provided by the government in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the a p plicants the just satisfaction provided in the friendly settlement (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:

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

- of general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ ResDH (2011)88

Information about the measures to comply with the judgment in the case of

Pla and Puncernau against Andorra

Introductory case summary

The case concerns interpretation of a testamentary provision and the right of an adopted son to inherit an estate from his grandmother under the will made by the latter.

The European Court found that when a child is adopted under a full adoption procedure, the child is in the same legal position as a biological child of his or her parents in all respects, including property rights. Any interpretation of a will should endeavour to ascertain the testator ’ s intention without overlooking the importance of interpreting the testamentary provision in compliance with domestic law and the Convention. The European Court found that in this case the applicant had been discriminated against when the High Court of Justice of Andorra had interpreted the testamentary provision of the grandmother ’ s will as including only the biological sons (violation of Article 14 read in conjunction with Article 8 of the Convention).

In its judgment of 10/10/2006, the Court took note of the friendly settlement on just satisfaction, reached by the government of the respondent state and the applicant party and decided to strike this case out of its list.

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary and non-pecuniary damage

Costs and expenses

Total

980 000 EUR

-

980 000 EUR

Paid on 01/08/2006

b) Individual measures

The applicants both died in 2004. The Andorran government has reached a friendly settlement with the applicants ’ heirs compensating for the pecuniary and non-pecuniary damages. Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

Highlighting that the issue causing the violation in this case was the interpretation of a testamentary provision, the Andorran authorities indicated that the violation found in this case was of an isolated character and informed the Committee of Ministers that with a view to preventing new, similar violations, the European Court ’ s judgment was published in the Official Bulletin of the Principality of Andorra on 25/06/2009.

III. Conclusions of the respondent state

The government considers that no individual measure is required apart from the payment of the just satisfaction indicated in the friendly settlement, that the general measures adopted will prevent similar violations and that Andorra has thus complied with its obligations under Article 46, paragraph 1 of the Convention.

[1] Adopted by the Committee of Ministers on 14 September 2011 at the 1120th Meeting of the Ministers’ Deputies