Resolution ResDH(2004)61

concerning the judgment of the European Court of Human Rights

of 15 November 2002 (final on 15 February 2003)

in the case of Teret against Belgium

(Adopted by the Committee of Ministers on 12th October 2004

at the 897th 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, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Teret case delivered on 15 November 2002 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application (No. 49497/99) against Belgium, lodged with the European Court of Human Rights on 11 June 1999 under Article 34 of the Convention by Ms Jeannine Teret, a Belgian national, and that the Court declared admissible the complaint concerning the excessive length of certain proceedings;

Recalling however that by a letter dated 30 May 2001, the applicant ' s lawyer informed the Court that the Brussels court of appeal having issued a judgment in her case, his client considered that she had obtained satisfaction and consequently did not wish to pursue the application under Article 44 of the Rules of the Court;

Whereas in its judgment of 15 November 2002 the Court, taking account of the applicant ' s decision not to pursue the application in accordance with Article 37, paragraph 1 in fine, of the Convention, held 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;

- decided, unanimously, to strike the case out of the list;

- held, unanimously, that the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, 440.75 euros in respect of costs and expenses and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points shall be payable from the expiry of the above-mentioned three months until settlement;

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 measures which had been taken in consequence of the judgment of 15 November 2002, having regard to Belgium ' s obligation under Article 46, paragraph 1, of the Convention to abide by it;

Having satisfied itself that, within the time-limit set, the government of the respondent state had paid the applicant the sum provided for in the judgment of 15 November 2002,

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