GILLOW CASE
Doc ref: 9063/80 • ECHR ID: 001-55446
Document date: March 4, 1988
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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 Gillow case, delivered on 24 November 1986 and
14 September 1987 and transmitted the same days to the Committee of
Ministers;
Recalling that the case originated in an application against the
United Kingdom of Great Britain and Northern Ireland lodged with the
European Commission of Human Rights on 25 January 1980 under
Article 25 (art. 25) of the convention by Mr Joseph and
Mrs Yvonne Gillow, British citizens, who made a number of complaints
concerning the operation in their case of the Guernsey Housing Laws
and in particular the restrictions placed on their right to occupy
Mrs Gillow's house in Guernsey and the proceedings that took place
there in this connection;
Recalling that the case was brought before the Court by the Commission
on 19 December 1984;
Whereas in its judgment of 24 November 1986 the Court unanimously held:
- that there had been no breach of Article 8 (art. 8) of the
convention as far as the terms of the contested legislation were
concerned;
- that there had been a breach of Article 8 (art. 8) of the
convention as far as the application of the contested legislation in
the applicants' case was concerned;
- that there had been no breach of Article 14 of the convention
taken in conjunction with Article 8 (art. 14+8);
- that there had been no breach of Article 6 (art. 6) of the
convention in respect of the complaints examined by the Court in
paragraphs 69 to 73 of its judgment, and that it was not necessary to
deal with other complaints made by the applicants under this
article (art. 6);
- that Protocols Nos. 1 and 4 (P1, P4) were not applicable to the
case;
- that the question of the application of Article 50 (art. 50) was
not ready for decision;
Whereas in its judgment of 14 September 1987 the Court unanimously:
- held that the United Kingdom was to pay to Mrs Gillow ten
thousand seven hundred and thirty-five pounds (£10 735) for damage and
two thousand one hundred and thirty-four pounds (£2 134) for costs and
expenses;
- rejected the remainder of the claim for just satisfaction;
Having regard to the "Rules concerning the application of Article 54
(art. 54) of the convention";
Having invited the Government of the United Kingdom to inform it of
the measures which had been taken in consequence of the judgments,
having regard to its obligation under Article 53 (art. 53) of the
convention to abide by them;
Having satisfied itself that the Government of the United Kingdom has
paid to Mrs Gillow the sums provided for in the judgment
of 14 September 1987,
Declares that it has exercised its functions under Article 54
(art. 54) of the convention in this case.
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