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CASE OF CAIRNEY AND SIXTEEN OTHERS CASES AGAINST THE UNITED KINGDOM

Doc ref: 45773/99, 60933/00, 60525/00, 61928/00, 60946/00, 63388/00, 63466/00, 68056/01, 61956/00, 63470/00, ... • ECHR ID: 001-91271

Document date: January 9, 2009

Inbound citations: 41
•
Cited paragraphs: 3
•
Outbound citations: 0

CASE OF CAIRNEY AND SIXTEEN OTHERS CASES AGAINST THE UNITED KINGDOM

Doc ref: 45773/99, 60933/00, 60525/00, 61928/00, 60946/00, 63388/00, 63466/00, 68056/01, 61956/00, 63470/00, ... • ECHR ID: 001-91271

Document date: January 9, 2009

Cited paragraphs only

Resolution CM/ ResDH (2009)41 [1]

Execution of the judgments of the European Court of Human Rights

17 cases concerning discrimination between widows and widowers on grounds of gender regarding social security benefits against the United Kingdom

(see details in Appendix)

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 applicants’ admissible complaints in these cases concerned the fact that as widowers they were not entitled to widow's social security benefits (complaints under Article 8, 14 and Article 1 of Protocol No. 1);

Whereas in these cases the Court, having taken formal note of friendly settlements reached by the government of the respondent state and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its Protocols decided, unanimously, to strike these cases out of its list and took note of the parties’ undertaking not to request a re-hearing of the cases before the Grand Chamber;

Whereas under these friendly settlements it was agreed that the government of the respondent state would pay the applicants certain sums (see Appendix), within three months as from the notification of the judgments;

Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the President forwards to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;

Having invited the government of the respondent state to inform the Committee of the mea s ures taken in order 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 agreed to under the terms of the friendly settlement, the government of the respondent state paid the applicants the sums provided in the friendly settlement and that no other measure was required in these cases to comply with the Court’s judgment;

Having examined the information supplied by the government of the United Kingdom ,

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 these cases and

DECIDES to close their examination.

Appendix to Resolution CM/ ResDH (2009)41

Information about the measures to comply with the judgments in 17 cases concerning discrimination between widows and widowers on grounds of gender regarding social security benefits against the United Kingdom

Details of payments

Name and application No.

Date of judgment

Pecuniary damage

Costs and expenses

Total

CAIRNEY 45773/99

20/11/2007

4 729,91 GBP

Paid on 09/01/2006

COLE

60933/00

23/05/2006

16 380,93 GBP

Paid on 16/09/2005

CORCORAN and others

60525/00+

06/02/2007

22 235,55 GBP

4 494,61 GBP

26 730,16 GBP

Paid on 16/09/2005

CREW

61928/00

09/01/2007

5 817,53 GBP

Paid on 19/08/2005

DAVIS and others

60946/00+

06/02/2007

26 058,59 GBP

6 282,68 GBP

32 341,27 GBP

Paid on 09/12/2005

DOBB

63388/00

20/11/2007

10,00 GBP

Paid on 17/09/2007

DONOVAN

63466/00

06/03/2007

4 410,69 GBP

1 935,65 GBP

6 346,34 GBP

Paid on 12/06/2006

GAMBLE

68056/01

09/01/2007

5 849,55 GBP

2 075,04 GBP

7 924,59 GBP

Paid on 04/04/2006

GREENHALGH

61956/00

05/09/2006

3 888,59 GBP

Paid on 19/09/2006

HANCOCK and others

63470/00+

06/03/2007

60 864.80 GBP

(global sum)

60 496.45 GBP [2]

Paid within the time-limit

HART and others

61019/00+

06/02/2007

44 197.21 GBP

(global sum)

43 948.56 GBP [3]

Paid within the time-limit

HYDE

63287/00

05/09/2006

8 703,53 GBP

Paid on 01/06/2006

MCWILLIAMS

53738/00

09/10/2007

7 035,56 GBP

Paid within the time-limit

OLIVER and BRITTEN

61604/00+

25/04/2006

36 009,72 GBP

Paid on 26/09/2005

RATHFELDER

63507/00

09/01/2007

23 433,88 GBP

Paid on 26/09/2005

SINCLAIR

68621/01

09/10/2007

8 611,41 GBP

1 740,6 GBP

10 352,01 GBP

Paid on 26/09/2005

TERRILL and others

60469/00+

16/01/2007

59 440,01 GBP

10 070,31 GBP

69 510,32 GBP

Paid on 03/10/2005

[1] Adopted by the Committee of Ministers on 9 January 2009 at the 1043rd meeting of the Ministers’ Deputies

[2] The reduced amounts paid in this case result from an agreement between the parties relating to cost and expenses

[3] See footnote 2.

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