CASE OF MARLHENS AGAINST FRANCE



     The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights and

Fundamental Freedoms (hereinafter referred to as "the Convention"),

     Having regard to the judgment of the European Court of Human

Rights in the case of Marlhens against France delivered on

24 May 1995 and transmitted the same day to the Committee of

Ministers;

     Recalling that the case originated in an application

(No. 22862/93) against France, lodged with the European Commission

of Human Rights on 29 September 1993 under Article 25 (art. 25) of

the Convention by Mrs Isabelle Marlhens, a French national, and

that the Commission declared admissible the complaint of the

excessive length of certain compensation proceedings brought by the

applicant, a haemophiliac infected with the Aids virus following

blood transfusions;

     Recalling that the case was brought before the Court by the

Commission on 1 March 1995;

     Whereas in its judgment of 24 May 1995 the Court, after having

taken formal note of a friendly settlement reached by the

Government of France and the applicant and having found that there

were no reasons of public policy justifying the continuation of the

proceedings, decided unanimously to strike the case out of its

list:

     Whereas under the above-mentioned friendly settlement it was

agreed that the Government of France would pay a compensation of

150 000 French francs;

     Recalling that Rule 49, paragraph 3, 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 in order to allow it to supervise, in accordance with

Article 54 (art. 54) of the Convention, the execution of any

undertakings which may have been attached to the discontinuance or

solution of the matter;

     Having satisfied itself that by 8 September 1995, at the

latest, the Government of France paid the applicant the sum

provided for in the friendly settlement,

     Declares that it has exercised its functions under Article 54

(art. 54) of the Convention in this case.

 

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