Final Resolution CM/ResDH(2007)70
Human Rights
Application No. 26984/95
Picard against France
(Adopted by the Committee of Ministers on 20 April 2007,
at the 992nd 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 (99) 30, adopted on 18 January 1999 in the case of Picard 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 unfairness of certain proceedings before the dentists' national professional body (Conseil national de l'Ordre des chirurgiens dentistes), 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 applicant, proposals supplemented by a letter of the President of the Commission dated 17 June 1999;
Whereas at the 688th and 716th meetings of the Ministers' Deputies, the Committee of Ministers, agreeing with the Commission's proposals, in accordance with former Article 32, paragraph 2, of the Convention, that the government of the respondent state was to pay the applicant, as just satisfaction, within three months,
-30 000 French Francs in respect of non-pecuniary damage (decision adopted on 3 December 1999),
-82 254 French Francs in respect of costs and expenses (decision adopted on 24 July 2000), 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 applicant;
Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its decisions of 18 January 1999, 3 December 1999 and 24 July 2000, 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 7 January 2000 and 26 June 2002 the government of the respondent state had paid the applicant the sums awarded as just satisfaction, including the default interest,
Declares, after having examined the measures taken by the government of France and considering the decision taken at the 834th meeting of the Ministers' Deputies (24 April 2003), that it has exercised its functions under former Article 32 of the Convention in this case and decides to close its examination.
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