Resolution CM/ResDH(2025)273
Execution of judgments of the European Court of Human Rights
Two cases against France
(Adopted by the Committee of Ministers on 7 October 2025
at the 1539th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
74530/17
ROCCHIA
02/02/2023
02/05/2023
78664/17
JUSTINE
21/11/2024
21/02/2025
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations established on account of an excessive formalism by the domestic courts;
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having examined the action plan of the government indicating the individual measures adopted to execute the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2025)823);
Considering that the question of individual measures was resolved, given that the domestic proceedings have been terminated and that in the case of Rocchia, the applicant has not availed herself in the legal timeframe of the possibility to ask the reopening of the criminal proceedings after the Court’s judgement, but still has other means to mitigate the effects of her conviction;
Recalling that the question of general measures required in response to the shortcomings found by the Court in these two judgments continues to be examined within the framework of the Xavier Lucas v. France case (No. 15567/20), also in the light of the Court’s findings in these cases, and that their closure in no way prejudges the Committee’s evaluation of the general measures in relation to the excessive formalism by the national courts;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise the adoption of the required general measures concerning the excessive formalism by the national courts in the case of Xavier Lucas v. France;
DECIDES to close the examination of these cases.