Resolution ResDH(2005)117
concerning the judgment of the European Court of Human Rights
of 9 October 2003 (Friendly settlement)
in the case of Hager against France
(Adopted by the Committee of Ministers on 14 December 2005
at the 948th 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 (hereinafter referred to as “the Convention”),
Having regard to the final judgment of the European Court of Human Rights in the Hager case delivered on 9 October 2003 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in an application (No. 56616/00) against France, lodged with the European Court of Human Rights on 7 April 2000 under Article 34 of the Convention by Mr Roland Hager, a French national, and that the Cour declared admissible the complaint concerning the fact that the applicant, who had lodged an appeal on a point of law before the criminal chamber of the Court of Cassation without the assistance of an “avocat aux Conseils” (a member of the Court of Cassation and Council of State Bar), could not thus be informed of the Advocate General's submissions and therefore could not answer them or, furthermore, of the date of the hearing;
Whereas in its judgment of 9 October 2003 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list and took note of the parties' undertaking not to request a re-hearing of the case before the Grand Chamber;
Whereas under the above-mentioned friendly settlement it was agreed that the Government of France would pay the applicant, the global sum of 1 500 euros, within three months as from the delivery of the judgment, and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points shall be payable from the expiry of the above-mentioned three months until settlement;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (old Rule 44, paragraph 2) 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 once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that on 10 May 2004 after the expiry of time-limit agreed to under the terms of the friendly settlement, the Government of the respondent state had paid the applicant the sum agreed in the friendly settlement, and on 10 August 2005 the default interest due for the delay occurred and that no other measure was required in the present case to comply with the Court's judgment,
Declares, after having examined 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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