Resolution ResDH(2006)43 concerning the judgment of the European Court of Human Rights of 22 March 2005 (Friendly settlement) in the case of Toimi against Sweden

(Adopted by the Committee of Ministers on 21 June 2006 , at the 966th meeting of the Ministers ’ Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the final judgment of the European Court of Human Rights in the Toimi case delivered on 22 March 2005 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 55164/00 ) against Sweden, lodged with the European Court of Human Rights on 22 September 1999 under Article 34 of the Co n vention by Ms Ritva Toimi, a Finnish national, and that the Court declared admissible the complaints relating to the lack of effective access to a court and the excessive length of certain proceedings concerning the applicant ’ s pension rights;

Whereas in its judgment of 22 March 2005 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list and took note of the parties ’ undertaking not to request a re ‑ hearing of the case before the Grand Chamber;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of Sweden would pay the applicant, the sum of 65 000 Swedish crowns, upon notification of the judgment by the Court;

Recalling that Rule 43, paragraph 3, of the Rules of the Court (former Article 44, paragraph 2) provides that the striking out of a case which has been declared admissible shall be effected by means of a judgment which the President shall forward 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 regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 6 April 2005, the Government of the respondent state had paid the applicant the sum provided for in the friendly and that no other measure was required in the present case to conform to the Court ’ s judgment;

Declares, after having examined the information supplied by the Government of Sweden, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.