Final Resolution ResDH(2004)102
Human Rights
Application No. 29877/96
Pauchet and others against France
(Adopted by the Committee of Ministers on 22 December 2004
at the 906th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to Interim Resolution DH(98)100, adopted on 22 April 1998 in the case of Pauchet and others against France, in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1, of the Convention on account of the excessive length of certain civil proceedings, and to make public the report of the European Commission of Human Rights;
Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicants, proposals supplemented by a letter of the President of the Commission dated 30 October 1999;
Whereas at the 798th meeting of the Ministers' Deputies, the Committee of Ministers, having noted that the applicants had received compensation for the material damage suffered in the domestic proceedings, held by a decision adopted on 24 June 2002, in accordance with former Article 32, paragraph 2, of the Convention, that the government of the respondent state was to pay the applicants as just satisfaction, within three months, a total sum of 79 274 euros for non-pecuniary damages (details of which are set out in the appendix), and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicants;
Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its adoption of Interim Resolution DH(98)100 and decision of 24 June 2002, having regard to France's obligation under former Article 32, paragraph 4, of the Convention to abide by them;
Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state indicated that the Commission's report as well as the Committee of Ministers' decisions had been sent out to the authorities directly concerned;
Whereas the Committee of Ministers satisfied itself that on the dates which are set out in the appendix to this resolution, the government of the respondent state had paid the applicants the total sum of 79 274 euros as just satisfaction, within one month of the time-limit set, and thus no default interest was due in accordance with the above-mentioned decision of the Committee of Ministers,
Declares, after having examined the measures taken by the Government of France, that it has exercised its functions under former Article 32 of the Convention in this case.
Appendix to Resolution ResDH(2004)102
Details of the just satisfaction awarded to the applicants
Applicants
Comments
Non-pecuniary damage
Currency
Payment on
PAUCHET Catherine
9 147
euros
02/10/2002
AÏDAN Georges
9 147
euros
26/09/2002
Mr and Mrs BELMA
Representing the applicants HADDAD, Ernest and Louise
9 147
euros
07/10/2002
HADDOUD Marc
9 147
euros
26/09/2002
LEROY Claude Antoine
9 147
euros
02/10/2002
THEMISTA Maurice
9 147
euros
02/10/2002
CLEMENT-PICQ Sylvie
Representing the applicant estate of KARANGIOZIS
12 196
euros
07/10/2002
SCP Roth, ROTH Roger, BARBEY Armand and Catherine
Representing the estate of RIGO Yvette (representing also the estate OUBELLA)
12 196
euros
07/10/2002
Full & Egal Universal Law Academy