PARTLY DISSENTING OPINION OF JUDGE FOIGHEL

I am in complete agreement with the majority of the Court as regards its finding of a violation of Article 14 of the Convention taken together with Article 1 of Protocol No. 1 (art. 14+P1-1) in this case. However I am in disagreement with the view of the majority that the applicant ’ s claim for pecunia ry damage should be dismissed. The Court has found the applicant to be the victim of discrimination as regards the requirement that he make contributions to a child care benefits scheme. Since this is damage which he has sustained as a result of the violation of Article 14 of the Convention taken together with Article 1 of Protocol No. 1 (art. 14+P1-1) he should, as a matter of fairness, be entitled under Article 50 of the Convention (art. 50) to recover the contributions that he had made to the scheme. I note, moreover, that this was the view taken by the Court in its Karlheinz Schmidt v. Germany judgment of 18 July 1994 (Series A no. 291-B, p. 34, para . 33).

[1] The case is numbered 108/1995/614/702. The first number is the case's position on the list of cases referred to the Court in the relevant year (second number). The last two numbers indicate the case's position on the list of cases referred to the Court since its creation and on the list of the corresponding originating applications to the Commission.

[2] Rules of Court B, which came into force on 2 October 1994, apply to all cases concerning the States bound by Protocol No. 9 (P9).

[3] Note by the Registrar: for practical reasons this annex will appear only with the printed version of the judgment (in Reports of Judgments and Decisions 1997-I), but a copy of the Commission's report is obtainable from the registry.