Resolution ResDH(2001)166
concerning the judgment of the European Court of Human Rights
of 17 October 2000 (final on 17 January 2001)
in the case of de Moucheron and others against France
(Adopted by the Committee of Ministers on 17 December 2001
at the 775th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the judgment of the European Court of Human Rights in the de Moucheron and others case delivered on 17 October 2000 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;
Recalling that the case originated in an application (No. 37051/97) against France, lodged with the European Commission of Human Rights on 30 June 1997 under former Article 25 of the Convention by Laure de Moucheron, Jacqueline Grellet des Prades de Fleurelle, widow de Moucheron, Hélène de la Poeze d’Harambure, widow Le Gouz de Saint-Seine, François Le Gouz de Saint-Seine, Etienne Le Gouz de Saint-Seine, Marie Reille-Soult de Dalmatie, Jean-François Reille-Soult de Dalmatie and Xavier Reille-Soult de Dalmatie, eight French nationals, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint that the length of certain criminal proceedings combined with civil action for damages was excessive;
Whereas in its judgment of 17 October 2000 the Court unanimously:
- held that there had been a violation of Article 6, paragraph 1, of the Convention;
- held that the government of the respondent state was to pay the applicants, within three months from the date at which the judgment became final, the following sums:
i. For non-pecuniary damage, 20 000 French francs to Laure and Jacqueline de Moucheron respectively,
ii. 40 000 French francs to each of the consorts le Gouz de Saint-Seine and Reille-Soult de Dalmatie,
iii. 24 120 French francs in respect of costs and expenses to each of the consorts de Moucheron, and consorts le Gouz de Saint-Seine and to the consorts Reille-Soult de Dalmatie;
and that simple interest at an annual rate of 2,74% would be payable on those sums from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the applicants’ claim for just satisfaction;
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 date to inform it of the measures which had been taken in consequence of the judgment of 17 October 2000, having regard to France’s obligation under Article 46, paragraph 1, 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 indicated that the Court’s judgment had been sent out to the authorities directly concerned;
Having satisfied itself that on 18 April 2001, that is to say one day after expiry of the time-limit set, the government of the respondent state had paid the applicants the sums provided for in the judgment of 17 October 2000, and having taken note of the fact that the applicants has waived their right to default interest in view of the minimal sum involved,
Declares, after having taken note of the information supplied by the Government of France, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
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