resolution DH (99) 467
CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS
OF 9 JUNE 1998
IN THE CASE OF CAZENAVE DE LA ROCHE AGAINST FRANCE
(Adopted by the Committee of Ministers on 15 July 1999
at the 677th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 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 Cazenave de la Roche case delivered on 9 June 1998 and transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application (No. 25549/94) against France, lodged with the European Commission of Human Rights on 28 September 1994 under Article 25 of the Convention by Ms Hélène Cazenave de la Roche, a French national, and that the Commission declared admissible the complaint regarding the excessive length of compensation proceedings brought by the applicant against the State before administrative courts, after her name had been removed from the list of staff serving overseas;
Recalling that the case was brought before the Court by the Government of France on 14 April 1997;
Whereas in its judgment of 9 June 1998 the Court unanimously:
- held that Article 6, paragraph 1, of the Convention applied to the case and that there had been a violation of it;
- held that the Government of the respondent State was to pay the applicant, within three months, 30 000 French Francs in respect of non-pecuniary damage and 9 568 French francs in respect of costs and expenses and that simple interest at an annual rate of 3.36% would be payable on those sums from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 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 of 9 June 1998, having regard to France’s obligation under Article 53 of the Convention to abide by it;
Whereas, during the examination of the case by the Committee of Ministers, the Government of the respondent State accordingly recalled that measures had already been taken to prevent the repetition of the violation found in this case, notably through the setting up of administrative courts of appeal, the redefinition of the competence of the Conseil d’Etat and the increase of personnel and means in order to speed up administrative proceedings (see Resolution DH (95) 254 in the case of Beaumartin) and indicated that the extracts of Court's judgment had been published in la Semaine Juridique, dated 20 January 1999, and sent out to the authorities directly concerned;
Having satisfied itself that on 20 October 1998 the Government of the respondent State had paid the applicant the sums provided for in the judgment of 9 June 1998, and that the default interest due was paid on 12 April 1999,
Declares, after having taken note of the information supplied by the Government of France, that it has exercised its functions under Article 54 of the Convention in this case.
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