Final Resolution CM/ResDH(2007)63
Human Rights
Application No. 27659/95
Ferville C. and P. against France
(Adopted by the Committee of Ministers on 20 April 2007,
at the 992nd meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to Interim Resolution DH (1999) 254, adopted on 15 April 1999 in the case of Ferville against France, in which the Committee of Ministers authorised the publication of the report of the European Commission of Human Rights after having decided that there had been a breach in the applicants' right of access to a court (violation of Article 6, paragraph 1) on account of the decision of the President of the Court de cassation, under Article 1009-1 of the Code of Civil Procedure, to remove the applicant's appeal from the list of the Court de cassation;
Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicants, proposals supplemented by a letter of the President of the Commission dated 26 May 1999;
Whereas at the 688th meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held by a decision adopted on 3 December 1999, in accordance with former Article 32, paragraph 2, of the Convention, that the government of the respondent state was to pay to each applicant as just satisfaction, within three months, 50 000 French Francs in respect of pecuniary damage and 10 000 French Francs in respect of costs and expenses, namely a total sum of 120 000 French Francs, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay (in accordance with the decision adopted by the Committee of Ministers at its 599th meeting, on 17 September 1997, on the general principles regarding the payment of default interest) at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicants;
Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its decisions of 15 April 1999 et 3 December 1999, having regard to France's obligation under former Article 32, paragraph 4, of the Convention to abide by them;
Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new violations of the same kind as the one found in this case, notably through the publication, together with a commentary, of the judgment of the Court in the case of Annoni Di Gusola (see CM/ResDH(2007)37), and indicated that the Commission's report as well as the Committee of Ministers' decisions had been sent out to the authorities directly concerned;
Whereas the Committee of Ministers satisfied itself that the government of the respondent state had paid the applicants the total sum of 120 000 French Francs as just satisfaction including the default interest due;
Declares, after having taken note of the measures taken by the government of France and considering the decision taken at the 760th meeting of the Ministers' Deputies (23 July 2001), that it has exercised its functions under former Article 32 of the Convention in this case and decides to close its examination.
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