Information Note on the Court’s case-law No.
September 1998
B.B. v. France (striking out) - 30930/96
Judgment 7.9.1998
Article 37
Article 37-1
Striking out applications
Risk of Congolese (former Zaïrean) national suffering from Aids being deported to his country of origin where he would not receive appropriate medical treatment: struck out
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
No friendly settlement or arrangement in case before Court – however, order constituted an “other fact of a kind to provide a solution of the matter” (Rule 49 § 2 of Rules of Court A) – in initial application to Convention institutions, applicant’s main argument had been that if he was deported to what had formerly been Zaïre there would be a considerable risk of his being exposed to treatment contrary to Article 3 of Convention, as he would not be able to receive in country of origin treatment his serious medical condition required – risk of violation had ceased as a result of compulsory residence order made against applicant and Government’s undertaking not to deport him – no separate issue arose under Article 8.
Furthermore, no reason of public policy to proceed with case.
Conclusion: case to be struck out of the list (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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