Resolution CM/ResDH(2010)92[1]
Execution of the judgment of the European Court of Human Rights
Lallement against France
(Application No. 46044/99, judgment of 11 April 2002, final on 11 July 2002)
(Judgment Article 41 of 12 June 2003, final on 12 September 2003)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the judgment transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concerns inadequate compensation paid to the applicant for the expropriation of part of his farm, as the expropriation affected the viability of the remaining part (Article 1 of Protocol No. 1) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix) and considering the decision taken in the Lallement case at the 940th meeting of the Ministers’ Deputies (11 October 2005), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2010)92
Information about the measures to comply with the judgment in the case of
Lallement against France
Introductory case summary
This case concerns the inadequate compensation paid to the applicant for the expropriation of part of his farm, since the expropriation affected the viability of the remaining part (Article 1 of Protocol No. 1).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
150 000 EUR
15 000 EUR
15 119.89 EUR
180 119.89 EUR
Paid on 8/11/2002 and 14/11/2003, interest paid on 15/07/2004
b) Individual measures
The just satisfaction awarded by the Court covered the pecuniary damage resulting from the loss by the applicant of his source of livelihood without appropriate compensation, as well as the non-pecuniary damage. No other individual measure was considered necessary to execute the judgment. No other individual measure was therefore considered seemed to be necessary by the Committee of Ministers.
II.General measures
The government confirmed that the judgment on the merits had been circulated to all the departments and courts that may have to deal with similar cases. The judgment on the merits has also been published on the website and commented in the AJDA review (Actualité Juridique du Droit Administratif).
III.Conclusions of the respondent state
The government considers that no individual measures are necessary in this case except from the payment of just satisfaction, that the general measures adopted will prevent similar violations and that France has accordingly fulfilled its obligations pursuant to Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 15 September 2010 at the 1092nd meeting of the Ministers’ Deputies
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