DEWEER CASE
Doc ref: 6903/75 • ECHR ID: 001-55417
Document date: December 9, 1983
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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 judgment of the European Court of Human Rights in
the Deweer case, delivered on 27 February 1980 and transmitted the
same day to the Committee of Ministers;
Recalling that the case had its origins in one application against
Belgium lodged on 6 February 1975 with the European Commission of
Human Rights, under Article 25 (art. 25) of the Convention, by a
Belgian national, Mr Julius Deweer, objecting to section 11 of the
1945/1971 Act and to the manner in which the Louvain "Procureur du
Roi" had applied that section in his case, invoking each of the three
paragraphs in Article 6 (art. 6) of the Convention, complaining in
substance of the imposition of a fine by way of settlement under
constraint of provisional closure of his establishment;
Recalling that the case had been brought before the Court by the
European Commission of Human Rights;
Whereas, in its judgment of 27 February 1980, the Court:
Rejects unanimously the Government's plea that domestic remedies have
not been exhausted;
Decides unanimously not to strike the case out of its list;
Holds unanimously that there has been breach of paragraph 1 of
Article 6 (art. 6-1) of the Convention;
Holds unanimously that it is not necessary also to examine the case
under paragraphs 2 and 3 of the said Article (art. 6-2, art. 6-3);
Holds by six votes to one that it is also not necessary to examine the
case under Article 1 of Protocol No. 1 (P1-1);
Affords unanimously to the applicants just satisfaction consisting
- in the material sphere, of reimbursement by the respondent
state of the ten thousand Belgian francs (10 000 BF) paid by their
husband and father on 2 October 1974 and of eight hundred French
francs (800 FF) for travel and accommodation costs incurred on the
occasion of the hearings held before the Commission on
9 December 1977;
- as regards non-pecuniary damage, of the finding of a violation
of Mr. Deweer's rights;
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 judgment, having regard to
its obligations 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 judgment, which
information is summarised at 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,
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 (83) 16
Information provided by the Government of Belgium during the
examination of the Deweer case before the Committee of Ministers
Following the judgment of the European Court of Human Rights
of 27 February 1980:
1. The travelling and subsistence expenses of Mr Deweer were
reimbursed to his heirs on 7 May 1980. The 10 000 BF fine paid by way
of settlement was repaid to the widow of Mr Deweer on 30 April 1980.
2. Article 11 of the law of 22 January 1945 on economic
regulations has been amended by a law of 6 July 1983, published in the
"Moniteur belge" of 27 July 1983, page 9695.