Resolution CM/ResDH(2008)33[1]
Execution of the judgment of the European Court of Human Rights
Ardex S.A. against France
(Application No. 53951/00, friendly settlement, judgment of 6 April 2004)
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 applicant's admissible complaint in this case concerned the length of certain proceedings concerning civil rights and obligations before administrative courts (complaint under Article 6, paragraph 1);
Whereas in this case the Court, having taken formal note of friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols decided, unanimously, to strike this case out of its list and took note of the parties' undertaking not to request a re-hearing of the case before the Grand Chamber;
Whereas under this friendly settlement it was agreed that the government of the respondent state would pay the applicant 8 000 Euros, within three months as from the notification of the judgment;
Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the President forwards to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee's Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that the government of the respondent state paid the applicant the sums provided in the friendly settlement and the default interest due (total of 8 199,89 euros), and that no other measure was required in this case to comply with the Court's judgment;
Recalling that, concerning the question raised by the applicant, a certain number of measures taken by France to avoid the excessive length of administrative proceedings appear in the Final Resolution CM/ResDH(2008)12, adopted in the Raffi case (application No. 11760/02);
Having examined the information supplied by the government of France,
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.
[1] Adopted by the Committee of Ministers on 27 March 2008 at the 1020th meeting of the Ministers’ Deputies
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