Resolution CM/ResDH(2011)58[1]
Execution of the judgment of the European Court of Human Rights
Laine against France
(Application No. 41476/98, judgment of 17 January 2002, final on 17 April 2002)
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 the excessive length of proceedings before commercial courts (violation of Article 6, paragraph 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 at the 897th meeting of the Ministers’ Deputies (28 September 2004), 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(2011)58
Information about the measures to comply with the judgment in the case of
Laine against France
Introductory case summary
This case concerns the excessive length of proceedings concerning civil rights and obligations before commercial courts (violation of Article 6, paragraph 1). By the time the Court delivered its judgment, the proceedings at domestic level had been closed.
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
50155 EUR
7500 EUR
4500 EUR
62155 EUR
Paid on 07/11/2002 (capital) and 25/08/2003 (default interest)
b) Individual measures
As the proceedings were closed when the Court delivered its judgment, no further individual measure, besides payment of just satisfaction, was considered necessary by the Committee of Ministers.
II.General measures
The general measures required to prevent violations similar to those found by the Court in the Laine judgment have been taken by France (see for instance, the judgment in the case of Malve against France, No. 46051/99, Resolution CM/ResDH(2002)47; the judgment in the case of Gerber against France, No. 33237/96, Resolution CM/ResDH(2002)118).
III.Conclusions of the respondent state
The government considers that no individual measures is necessary in this case except the payment of just satisfaction, that the general measures adopted will prevent similar violations and that France has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 8 June 2011 at the 1115th Meeting of the Ministers’ Deputies
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