RESOLUTION DH (97) 353

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS

OF 21 FEBRUARY 1997

IN THE CASE OF VAN RAALTE AGAINST THE NETHERLANDS

(Adopted by the Committee of Ministers on 11 July 1997

at the 597th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 54 of the Conven-tion for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Van Raalte case delivered on 21 February 1997 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 20060/92) against the Netherlands, lodged with the European Commission of Human Rights on 23 April 1992 under Article 25 of the Convention by Mr Anton Gerard Van Raalte, a Dutch national, and that the Commission declared admissible the complaint of difference in treatment between single women and men aged 45 and over without children with respect to social welfare contributions;

Recalling that the case was brought before the Court by the Commission on 11 December 1995 and by the Government of the Netherlands on 15 February 1996;

Whereas in its judgment of 21 February 1997 the Court:

– held, unanimously, that there had been a violation of Article 14 of the Convention taken together with Article 1 of Protocol 1;

– dismissed, by eight votes to one the applicant’s claims for pecuniary damage;

– held, unanimously, that the present judgment constituted sufficient just satisfaction in respect of any non-pecuniary damage sustained;

– held, unanimously, that the respondent state was to pay to the applicant, within three months, 23 271 Dutch guilders in respect of costs and expenses, and that simple interest at an annual rate of 5% should 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 54 of the Convention;

Having invited the Government of the Netherlands to inform it of the measures which had been taken in consequence of the judgment of 21 February 1997, having regard to the obligation of the Netherlands under Article 53 of the Convention to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the Government of the Netherlands gave the Committee information about the measures taken in consequence of the judgment, which information appears in the appendix to this resolution;

Having satisfied itself that, within the time-limit set, the Government of the Netherlands paid the applicant the sum provided for in the judgment of 21 February 1997,

Declares, after having taken note of the information supplied by the Government of the Netherlands, that it has exercised its functions under Article 54 of the Convention in this case.

Appendix to Resolution DH (97) 353

Information provided by the Government of the Netherlands

during the examination of the case of Van Raalte

by the Committee of Ministers

The Government of the Netherlands recalls that Section 25 (2) of the General Child Benefits Act of 1962, according to which single women aged 45 and over without children were exempted from social welfare contributions, has been abolished with effect from 1 January 1989 by the Act of 21 December 1988, Staatsblad 1988, No. 631. Accordingly, as from that date men and women become equally liable to pay contributions under the General Benefits Act whatever their age and whether or not they were married or had children (see, inter alia, the judgment of the Court, paragraph 28).

The sum awarded by the Court to the applicant was paid on 1 April 1997.

Accordingly, the Government of the Netherlands considers that it has fulfilled its obligations under Article 53 of the Convention.