Resolution ResDH (2002)145 concerning the judgment of the European Court of Human Rights of 26 March 2002 in the case of Loffelman against the United Kingdom

(Adopted by the Committee of Ministers on 21 October 2002 at the 810th 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 final judgment of the European Court of Human Rights in the Loffelman case delivered on 26 March 2002 and transmitted on the same date to the Committee of Ministers under Article 46 of the Conven tion;

Recalling that the case originated in an application (No. 44585/98) against the United Kingdom, lodged with the European Court of Human Rights on 10 November 1998 under Article 34 of the Convention by Mr Joseph M. Loffelman , a British national, and that the Court declared admissible the complaint that the lack of provision for widowers’ benefits under British social security legislation resulted in discrimination against the applicant, on grounds of sex;

Whereas in its judgment of 26 March 2002 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 the United Kingdom would pay the applicant, within three months the global sum of 19 744, 53 pounds Sterling, within three months as from the notification of the judgment;

Recalling that Rule 44, paragraph 2, of the Rules of the Court 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 24 April 2002, within the time-limit agreed to under the terms of the friendly settlement, the Government of the respondent state had paid the applicant the sum provided for in the friendly settlement, and as far as general measures are concerned, legislative changes have been introduced in the Welfare Reform and Pensions Act 1999, mainly Section 54 and 55, granting equal treatment to widows and widowers in respect of social security benefits as from 9 April 2001,

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