Resolution ResDH(2005)47
concerning the judgment of the European Court of Human Rights
of 29 April 2003 (final on 29 July 2003)
in the case of Loyen and others against France
(Adopted by the Committee of Ministers on 21 June 2005,
at the 928th 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 judgment of the European Court of Human Rights in the case of Loyen and others delivered on 29 April 2003 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;
Recalling that the case originated in an application (No. 55926/00) against France, lodged with the European Court of Human Rights on 28 June 1999 under Article 34 of the Convention by René Loyen, Marie-Louise Loyen and Sophie Bruneel Loyen, three French nationals, and that the Court declared admissible the complaints related to the excessive length of certain civil proceedings and to the absence of any effective remedy;
Whereas in its judgment of 29 April 2003 the Court unanimously:
- held, that there had been a violation of Article 6, paragraph 1, of the Convention;
- held, that there had been a violation of Article 13 of the Convention;
- held, that the government of the respondent state was to pay the applicants, within three months from the date at which the judgment became final, 7 000 euros in respect of non-pecuniary damage as well as 1 000 euros in respect of costs and expenses and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points should be payable from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the applicant's claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgment of 29 April 2003, having regard to France obligation under Article 46, paragraph 1, of the Convention to abide by it;
Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state indicated that the Court's judgment had been sent out to the authorities directly concerned;
Having satisfied itself that on 17 November 2003, after the expiry of the time-limit set, the government of the respondent state had paid the applicants the sums provided for in the judgment of 29 April 2003, and that the default interest due was paid on 23 April 2004,
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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