Resolution ResDH(2004)69
concerning the judgment of the European Court of Human Rights
of 30 September 2003 (Friendly settlement)
in the case of Loyen No. 2 against France
(Adopted by the Committee of Ministers on 12th October 2004
at the 897th 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 as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the final judgment of the European Court of Human Rights in the case of Loyen No. 2 delivered on 30 September 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. 46022/99) against France, lodged with the European Commission of Human Rights on 15 August 1998 under former Article 25 of the Convention by Mr René Loyen, a French national, (who deceased and whose heirs, his widow Mrs Marie-Louise Loyen and his daughter Mrs Sophie Bruneel, pursued the proceeding) and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the excessive length of certain proceedings concerning civil rights and obligations before administrative courts;
Whereas in its judgment of 30 September 2003 the Court, after having taken formal note of a 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 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 applicants, the global sum of 7 500 euros, within three months as from the delivery of the judgment, and in the event of failure to pay this sum within the said three-month period, the Government undertook to pay, until settlement, simple interest on the amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
Recalling that Rule 44, paragraph 2, of the Rules of the Court 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 1 December 2003, within the time-limit agreed to under the terms of the friendly settlement, the Government of the respondent state had paid the applicants the sum provided for in the friendly settlement and that no other measure was required in the present case to conform to 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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