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CASE OF LE COMPTE, VAN LEUVEN AND DE MEYERE

Doc ref: 6878/75;7238/75 • ECHR ID: 001-55430

Document date: June 28, 1985

Inbound citations: 31
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Cited paragraphs: 0
•
Outbound citations: 0

CASE OF LE COMPTE, VAN LEUVEN AND DE MEYERE

Doc ref: 6878/75;7238/75 • ECHR ID: 001-55430

Document date: June 28, 1985

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 Le Compte, Van Leuven and De Meyere case, delivered on

23 June 1981 and 18 October 1982, and transmitted the same days

to the Committee of Ministers;

Recalling that the case had its origin in two applications against

Belgium lodged with the European Commission of Human Rights under

Article 25 (art. 25) of the convention by three Belgian citizens,

Mr Herman Le Compte, Mr Frans Van Leuven and Mr Marc De Meyere,

complaining that the obligation to join the "Ordre des médecins" and

to be under the jurisdiction of its disciplinary organs contravened

Article 11 (art. 11) of the convention, taken alone or in conjunction

with Article 17 (art. 17), and that during the course of the

disciplinary proceedings they had not had the benefit of the

guarantees laid down by Article 6 (art. 6) and that the sanctions

imposed on them were calculated to prevent them from disseminating

information and ideas, thereby violating Article 10 (art. 10);

Recalling that the case had been brought before the Court by the

European Commission of Human Rights and by the Government of Belgium;

Whereas, in its judgment of 23 June 1981, the Court:

- Holds by fifteen votes to five, that Article 6, paragraph 1

(art. 6-1), of the convention was applicable in the present case;

- Holds, by sixteen votes to four, that there has been a breach of the

said provision in that the applicants' case was not heard publicly by

a tribunal competent to determine all the aspects of the matter;

- Holds unanimously that there has been no violation of Article 6,

paragraph 1 (art. 6-1), as regards the applicants' other complaints,

and no violation of Article 11 (art. 11);

- Holds unanimously that the question of the application of

Article 50 (art. 50) is not ready for decision;

Whereas in its judgment of 18 October 1982 the Court unanimously:

- Holds that the Kingdom of Belgium is to pay to the applicants, in

respect of their costs and expenses, the following sums:

- seventy-seven thousand Belgian francs (77 OOO BF) to

Dr Le Compte;

- sixty-three thousand Belgian francs (63 000 BF) to

Dr Van Leuven;

- forty-two thousand Belgian francs (42 000 BF) to Dr De Meyere;

- Rejects the remainder of the claims for just satisfaction;

Having regard to the "Rules 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, having regard to

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

by the judgments;

Whereas, during the examination of this case by the Committee of

Ministers, the Government of Belgium informed the Committee of

Ministers of the measures taken in consequence of the judgments, which

information is summarised in the appendix to this resolution;

Having satisfied itself that the Government of Belgium has awarded the

just satisfaction provided for in the judgment of the Court of

18 October 1982,

Declares, after taking note of the information supplied by the

Government of Belgium, that it has exercised its function under

Article 54 (art. 54) of the convention in this case.

Appendix to Resolution DH (85) 13

Information provided by the Government of Belgium

during the examination of the Le Compte, Van Leuven and De Meyere case

before the Committee of Ministers

Following the judgment of the Court of 23 June 1981, a law concerning

the public conduct of disciplinary proceedings before the Appeals

Boards of the Order of Physicians and the Order of Pharmacists was

adopted on 13 March 1985.

A copy of the text of this law has been transmitted to the Directorate

of Human Rights of the Council of Europe.

Following the judgment of the Court of 18 October 1982, the sums

awarded by the Court to the applicants for their costs and expenses in

application of Article 50 (art. 50) of the European Convention on

Human Rights have been paid.

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