Resolution ResDH(2006)31
concerning the judgment of the European Court of Human Rights
of 22 July 2003 (final on 22 October 2003)
in the case of SA Cabinet Diot and SA Gras Savoye against France
(Adopted by the Committee of Ministers on 21 June 2006,
at the 966th 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 (hereinafter referred to as “the Convention”),
Having regard to the judgment of the European Court of Human Rights in the case of SA Cabinet Diot and SA Gras Savoye delivered on 22 July 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 two applications (Nos. 49217/99 and 49218/99) against France, lodged with the European Court of Human Rights on 7 and 11 May 1999 under Article 34 of the Convention by two limited French companies, SA Cabinet Diot and SA Gras Savoye, and that the Court declared admissible the complaint concerning an infringement of the applicant companies’ right to the peaceful enjoyment of their possessions;
Whereas in its judgment of 22 July 2003 the Court unanimously:
- held that there had been a violation of Article 1 of the Protocol No. 1;
- held that the government of the respondent state was to pay the companies’, within three months from the date at which the judgment became final, 102 807,50 euros to the limited company Cabinet Diot and 275 991,57 euros to the limited company Gras Savoye in respect of pecuniary damages as well as 15 244,90 euros to each companies 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 shall 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 22 July 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 published on the official web site “Legifrance” and transmitted to the authorities concerned;
Having satisfied itself after the expiry of the time-limit set, the government of the respondent state had paid the applicant companies the sums provided for in the judgment of 22 July 2003 as well as the default interest due,
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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