The Committee of Ministers, under the terms of Article 54
(art. 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 case of Demai against France delivered on
28 October 1994 and transmitted the same day to the Committee of
Ministers;
Recalling that the case originated in an application against
France lodged with the European Commission of Human Rights on
15 October 1993 under Article 25 (art. 25) of the Convention by
Mr Christian Demai, a French national, and that the Commission
declared admissible the complaint of the excessive length of
compensation proceedings brought by the applicant, a haemophiliac
infected with the Aids virus following blood transfusions;
Recalling that the case was brought before the Court by the
Commission on 7 July 1994;
Whereas in its judgment of 28 October 1994 the Court, after
having taken formal note of a friendly settlement reached by the
Government of France and the applicant and having found that there
were no reasons of public policy justifying the continuation of the
proceedings, decided unanimously to strike the case out of its
list:
Whereas under the above-mentioned friendly settlement it was
agreed that: the Government of France will pay to the applicant,
within one month, a compensation of 200 000 French francs, and the
sum of 23 720 French francs in respect of costs and expenses
incurred before the European Commission and Court of Human Rights;
Recalling that Rule 49, paragraph 3, of the Rules of the Court
provides that the striking out of a case shall be effected by means
of a judgment which the President shall forward to the Committee of
Ministers in order to allow it to supervise, in accordance with
Article 54 (art. 54) of the Convention, the execution of any
undertakings which may have been attached to the discontinuance or
solution of the matter;
Having satisfied itself that on 19 December 1994 at the latest
the Government of France paid the applicant the sums provided for
in the friendly settlement,
Declares that it has exercised its functions under Article 54
(art. 54) of the Convention in this case.
Full & Egal Universal Law Academy