FINAL resolution DH (99) 19

HUMAN RIGHTS

APPLICATION No. 22531/93

MANTEL AND MANTEL HOLLAND BEHEER B.V. AGAINST THE NETHERLANDS

(Adopted by the Committee of Ministers on 18 January 1999 at the 654th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH (97) 663, adopted on 15 December 1997 in the case of Mantel and Mantel Holland Beheer B.V., against the Netherlands, in which the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, of the Convention and to make public the report of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicants, proposals supplemented by a letter of the President of the Commission dated 13 May 1997;

Whereas at the 637th meeting of the Ministers' Deputies, the Committee of Ministers, agre e ing with the Commission's proposals, held by a decision adopted on 10 July 1998, in accordance with Article 32, paragraph 2, of the Convention, that the government of the respondent State was to pay as just satisfaction, within three months, to Mr Arie Mantel 3 000 Dutch guilders in respect of non-pecuniary damage and 1 870 Dutch guilders in respect of costs and expenses, and to Mantel Holland Beheer B.V. 1,870 Dutch guilders in respect of costs and expenses namely a total sum of 6 740 Dutch guilders, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicants;

Whereas the Committee of Ministers invited the government of the respondent State to inform it of the measures taken following its decisions of 15 December 1997 and 10 July 1998, having regard to Netherland’s obligation under Article 32,  paragraph 4, of the Convention to abide by them;

Whereas, during the examination of the case by the Committee of Ministers, the government of the respondent State accordingly indicated that the Commission's report as well as the Committee of Ministers' decisions had been sent out to the authorities directly concerned;

Whereas the Committee of Ministers satisfied itself that on 17 August 1998, within the time-limit set, the government of the respondent State had paid the applicants the total sum of 6 740 Dutch guilders as just satisfaction,

Declares, after having taken note of the measures taken by the Government of the Netherlands, that it has exercised its fun c tions under Article 32 of the Convention in this case.