CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 9 décembre 1983

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }  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.