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M.S. AGAINST THE NETHERLANDS

Doc ref: 17112/90 • ECHR ID: 001-49526

Document date: April 7, 1995

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M.S. AGAINST THE NETHERLANDS

Doc ref: 17112/90 • ECHR ID: 001-49526

Document date: April 7, 1995

Cited paragraphs only

The Committee of Ministers, under the terms of Article 32

(art. 32) of the Convention for the Protection of Human Rights and

Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the report drawn up by the European

Commission of Human Rights in accordance with Article 31 (art. 31)

of the Convention relating to the application lodged on 9 July 1990

by Mrs M.S. against the Netherlands (Application No. 17112/90);

Whereas on 30 November 1993 the Commission transmitted the

said report to the Committee of Ministers and whereas the period of

three months provided for in Article 32, paragraph 1 (art. 32-1),

of the Convention has elapsed without the case having been brought

before the European Court of Human Rights in pursuance of

Article 48 (art. 48) of the Convention;

Whereas in her application, declared admissible by the

Commission on 30 November 1992, the applicant complained of the

excessive length of certain civil proceedings before the Central

Appeals Tribunal concerning entitlement to disability benefits;

Whereas in its report adopted on 12 October 1993,

the Commission expressed, unanimously, the opinion that there had

been a violation of Article 6, paragraph 1 (art. 6-1), of the

Convention;

Whereas, at the 512th meeting of the Ministers' Deputies held

on 3 May 1994, the Committee of Ministers, agreeing with the

opinion expressed by the Commission, held, having voted in

accordance with the provisions of Article 32, paragraph 1

(art. 32-1), of the Convention, that there had been in this case a

violation of Article 6, paragraph 1 (art. 6-1), of the Convention;

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 applicant, proposals supplemented

by a letter of the President of the Commission dated

21 October 1994;

Whereas, at the 522nd meeting of the Deputies held

on 5 December 1994, the Committee of Ministers decided, in

accordance with Article 32, paragraph 2 (art. 32-2), of the

Convention, that the Government of the Netherlands was to pay the

applicant as just satisfaction, within three months, 4 003,75 Dutch

guilders in respect of non-pecuniary damage and 5 346,25 Dutch

guilders in respect of costs and expenses, namely a total sum

of 9 350 Dutch guilders;

Whereas the Committee of Ministers invited the Government of

the Netherlands to inform it of the measures taken following its

decisions of 3 May and 5 December 1994, having regard to the

Netherlands' obligation under Article 32, paragraph 4 (art. 32-4),

of the Convention to abide by them;

Whereas the Committee of Ministers satisfied itself that on

30 January 1995 the Government of the Netherlands paid the

applicant the total sum of 9 350 Dutch guilders as just

satisfaction,

Declares, having taken note of the measures taken by the

Government of the Netherlands, that it has exercised its functions

under Article 32 (art. 32) of the Convention in this case;

Authorises the publication of the report adopted by the

Commission in this case.

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