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 Editions Périscope against France delivered
on 26 March 1992 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
20 September 1985 under Article 25 (art. 25) of the Convention
by a French limited company, Editions Périscope, which complained
of several violations of Article 6, paragraph 1
(art. 6-1), of the Convention, namely that the administrative
courts had not heard its case within a reasonable time, and that
the Conseil d'Etat had not constituted an impartial tribunal,
because two of its members had been involved in the case
previously and because its judgment did not mention the names of
the judges who had participated in the ruling or reproduce, in
the text notified, the summary of the arguments of the parties,
which had appeared in the hand-written version;
Recalling that the case was brought before the Court by the
Commission on 14 December 1990;
Whereas in its judgment of 26 March 1992 the Court
unanimously:
- held that Article 6, paragraph 1 (art. 6-1), of the
Convention applied in this instance and had been violated;
- held that the respondent state was to pay to the
applicant company, within three months, 50 000 French francs for
costs and expenses;
- 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 (art. 54) of
the Convention;
Having invited the Government of France to inform it of the
measures which had been taken in consequence of the judgment of
26 March 1992, having regard to its obligation under Article 53
(art. 53) of the Convention to abide by it;
Whereas, during the examination of the case by the Committee
of Ministers, the Government of France gave the Committee
information about the measures taken in consequence of the
judgment, which information appears in the appendix to this
resolution;
Having satisfied itself that the Government of France has
paid the applicant on 11 December 1992 the sum provided for in
the judgment of 26 March 1992,
Declares, after having taken note of the information
supplied by the Government of France, that it has exercised its
functions under Article 54 (art. 54) of the Convention in this
case.
Appendix to Resolution DH (93) 32
Information provided by the Government of France
during the examination of the case of Editions Périscope by
the Committee of Ministers
A very wide distribution has been given to the Court's
judgment in order to prevent the violation found in this case
from happening again in the future.
Full & Egal Universal Law Academy