Resolution CM/ResDH(2007)171[1]
Execution of the judgment of the European Court of Human Rights
Lemort against France
(Application No. 47631/99, friendly settlement, judgment of 26 April 2001)
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 complaints declared admissible in this case related to the length of certain proceedings concerning civil rights and obligations before administrative courts to obtain compensation for the infection of the applicants' wife and mother with HIV, supposedly following blood transfusions (complaint under Article 6, paragraph 1);
Whereas in this case the Court, having taken formal note of friendly settlement reached by the government of the respondent state and the applicants, 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 this case out of its list and took note of the parties' undertaking not to request a re-hearing of the cases before the Grand Chamber;
Whereas under this friendly settlement it was agreed that the government of the respondent state would pay the three applicants the global sum of 202 500 French francs (30 870,93 euros), as from the notification of the judgment;
Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the President forwards 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, friendly settlement or solution of the matter;
Having invited the government of the respondent state to inform the Committee of the measures taken in order 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 on 20 November 2001, the government of the respondent state paid the applicants a sum slightly higher than the amount provided for in the friendly settlement, in conditions accepted by the applicants, having noted that following contacts between the government and the applicants in order to make the payment, a third of the total sum have been paid to each of the three applicants;
DECLARES, having examined the information supplied by the Government of France, that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case and
DECIDES to close its examination.
[1] Adopted by the Committee of Ministers on 19 December 2007 at the 1013th meeting of the Ministers’ Deputies
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