Resolution CM/ResDH(2009)153 [1]

Execution of the judgment of the European Court of Human Rights

Stark and others against Finland

(Application No. 39559/02, judgment of 9 October 2007, final on 9 January 2008, strike-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 applicants ' admissible complaint in this case concerned the lack of access to a court to challenge a decision by which the applicants ' fishing rights had been restricted (complaint under Article 6, paragraph 1, of the Convention);

Recalling that by a letter of 10 July 2007, the government of the respondent state informed the Court of its unilateral declaration, by which it acknowledged the lack of access to a court within the meaning of Article 6, paragraph 1, of the Convention and offered each of the applicants 7 000 euros as compensation for non-pecuniary damage and a global amount of 4 150 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 mea s ures which it had taken in consequence of the judgment, having regard to it ' s obligation under Article 46, paragraph 1 , of the Conve n tion to abide by it;

Having satisfied itself that, on 11 December 2007 (within the time-limit set), the government of the respondent state had paid the a p plicants the sums provided for in the judgment,

Having examined the information supplied by the government of Finland ,

DECLARES that it has exe r cised 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 3 December 2009 at the 1072nd meeting of the Ministers’ Deputies