Resolution ResDH(2005) 105

concerning the judgment of the European Court of Human Rights of 15 January 2004 (Friendly settlement) in the case of Taveirne and others against Belgium

(Adopted by the Committee of Ministers on 26 October 2005 at the 940th 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 Taveirne and others case delivered on 15 January 2004 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. 41290/98) against Belgium, lodged with the European Commission of Human Rights on 7 May 1998 under former Article 25 of the Co n vention by Mr Daniel Taveirne and Mrs Rosanne Vancauwenberghe , two Belgian nationals, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints concerning the excessive length of proceedings relating to certain civil rights and obligations before administrative courts and the absence of an effective remedy in respect of this length;

Whereas in its judgment of 15 January 2004 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicants, 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 Belgium would pay the applicants, the sum of 10 000 euros, in respect of non-pecuniary and pecuniary damage as well as for costs and expenses, within three months as from the delivery of the judgment;

Recalling that Rule 43, paragraph 3, of the Rules of the Court (old Rule 44, paragraph 2) provides that the striking-out of a case 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 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 8 April 2004 within time-limit agreed to under the terms of the friendly settlement, the Government of the respondent state had paid the applicants the sum provided in the friendly settlement 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 Belgium, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.