Resolution CM/ResDH(2010)145

Execution of the judgment of the European Court of Human Rights
El Majjaoui and Stichting Touba Moskee against Netherlands

(Application No. 25525/03, judgment of 20 December 2007, Grand Chamber, strike out)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the final judgment transmitted the same day by the Court to the Committee;

Recalling that the applicants’ admissible complaints concerned the refusal to issue a work permit for the first applicant, Mr Lamaiz El Majjaoui, a Moroccan national, to work as imam for the second applicant, the foundation Stichting Touba Moskee (complaint under Articles 9 and 18 of the Convention).

Recalling that the Court noted in its judgment that “since a work permit has been granted and the applicant is now lawfully employed by the applicant foundation, the Court considers, in the light of all the relevant circumstances of the case, that their complaints have been adequately and sufficiently remedied”

Noting that the Court consequently concluded that the case had been resolved within the meaning of Article 37 paragraph 1 (b) of the Convention;

Whereas in its judgment the Court held that the requirements for the application of Article 37 paragraph 1 (b) of the Convention were met in the present case, and that no other particular consideration related to respect for the human rights guaranteed in the Convention, justified pursuit of the application under Article 37, paragraph 1 in fine;

- decided, by fourteen votes to three, to strike the case out of the list;

- held, unanimously, that the government of the respondent state was to pay the applicants, within three months, 5 000 EUR in respect of costs and expenses and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points shall be payable from the expiry of the above-mentioned three months until settlement;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgment, having regard to the Netherland’s obligation under Article 46, paragraph 1, of the Convention to abide by it;

Having satisfied itself that, within the time-limit set, the government of the respondent state had paid the applicants the sum provided in the judgment,

Having examined the information supplied by the government of the Netherlands,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case and

DECIDES to close its examination.