Resolution CM/ResDH(2012)27[1]
Execution of the judgment of the European Court of Human Rights
Chaudet against France
(Application No. 49037/06, judgment of 29 October 2009, final on 28 June 2010)
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 judgment transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concerns a breach of the right to a fair trial due to the presence of the Government Commissioner at the deliberation of the bench of the Conseil d’Etat, in May 2006 (violation of Article 6§1).;
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, within the time-limit set, the respondent State paid the applicant the just satisfaction provided in the judgment,
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Recalling that no individual measure is necessary, in particular in view of the finding of the Court that the applicant did not meet the requirements for the allowance she was requesting in the national proceedings, and that there was no causal link between the pecuniary damage allegedly suffered by the applicant and the violation of Article 6§1 found in the present judgment;
Recalling that the general measures were already adopted in the framework of the Kress case (Resolution CM/ResDH(2007)44);
DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
[1] Adopted by the Committee of Ministers on 8 March 2012 at the 1136th Meeting of the Ministers’ Deputies.
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