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CASE OF VERMEIRE AGAINST BELGIUM

Doc ref: 12849/87 • ECHR ID: 001-55589

Document date: January 6, 1994

Inbound citations: 2
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Cited paragraphs: 0
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Outbound citations: 0

CASE OF VERMEIRE AGAINST BELGIUM

Doc ref: 12849/87 • ECHR ID: 001-55589

Document date: January 6, 1994

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights

and Fundamental Freedoms (hereinafter referred to as "the

Convention"),

Having regard to the judgments of the European Court of

Human Rights in the Vermeire case delivered on 29 November 1991

and on 4 October 1993, and transmitted the same days to the

Committee of Ministers;

Recalling that the case originated in an application against

Belgium lodged with the European Commission of Human Rights on

1 April 1987 under Article 25 (art. 25) of the Convention, by

Ms Astrid Vermeire, a Belgian national, who complained that the

Belgian courts had refused to accept her as an heir to her

grandparents' estate because of her status as an illegitimate

grandchild;

Recalling that the case was brought before the Court by the

Commission on 11 July 1990;

Whereas in its judgment of 29 November 1991 the Court:

- held, by eight votes to one, that the Belgian State was

under no obligation to reopen the succession to the estate of

Irma Vermeire née Van den Berghe;

- held, unanimously, that the applicant's exclusion from the

estate of Camiel Vermeire violated Article 14 in conjunction with

Article 8 (art. 14+8) of the Convention;

- held, unanimously, that the question of the application

of Article 50 (art. 50) was not ready for decision;

Whereas in its judgment of 4 October 1993 the Court, inter

alia, held unanimously that Belgium was to pay the applicant

within three months, 22 192 511 Belgian francs in respect of

damage, plus statutory interest from 1 October 1993, plus

2 000 000 Belgian francs in respect of costs and expenses;

Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of

the Convention;

Having invited the Government of Belgium to inform it of the

measures which had been taken in consequence of the judgments of

29 November 1991 and 4 October 1993, having regard to its

obligation under Article 53 (art. 53) of the Convention to abide

by them;

Whereas, during the examination of the case by the Committee

of Ministers, the Government of Belgium gave the Committee

information about the measures taken in consequence of the

judgments, which information appears in the appendix to this

resolution;

Having satisfied itself that the Government of Belgium has

paid the applicant, within the time-limit set, the sums provided

for in the judgment of 4 October 1993,

Declares, after having taken note of the information

supplied by the Government of Belgium, that it has exercised its

functions under Article 54 (art. 54) of the Convention in this

case.

Appendix to Resolution DH (94) 3

Information provided by the Government of Belgium

during the examination of the Vermeire case

by the Committee of Ministers

The entry into force of the Act of 31 March 1987 amending

various legal provisions concerning affiliation (published in the

Moniteur Belge on 27 May 1987) has henceforth brought Belgian

legislation into compliance with the Convention as regards the

equality between legitimate children and natural children.

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