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 X. against France delivered on 31 March 1992
and transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application against
France lodged with the European Commission of Human Rights on
19 February 1991 under Article 25 (art. 25) of the Convention by
Mr. X., a French national, who complained of the excessive length
of compensation proceedings before the administrative authorities
and then before the administrative courts;
Recalling that the case was brought before the Court by the
Commission on 18 October 1991;
Whereas in its judgment of 31 March 1992 the Court
unanimously:
- held that there had been a violation of Article 6,
paragraph 1 (art. 6-1);
- held that the respondent state was to pay to the applicant's
parents, within three months, 150 000 French francs for damage and
30 000 French francs for costs and expenses;
Having regard to the Rules adopted by the Committee of
Ministers concerning the application of Article 54 (art. 54) of the
Convention;
Having invited the Government of France to inform it of the
measures which had been taken in consequence of the judgment of
31 March 1992, having regard to its obligation under Article 53
(art. 53) of the Convention to abide by it;
Whereas, during the examination of the case by the Committee
of Ministers, the Government of France gave the Committee
information about the measures taken in consequence of the
judgment, which information appears in the appendix to this
resolution;
Having satisfied itself that the Government of France has paid
the applicant's parents the sums provided for in the judgment of
31 March 1992,
Declares, after having taken note of the information supplied
by the Government of France, that it has exercised its functions
under Article 54 (art. 54) of the Convention in this case.
Appendix to Resolution DH (93) 33
Information provided by the Government of France
during the examination of the case of X. against France
by the Committee of Ministers
By 17 May 1993, 424 cases had been brought against the state
by haemophiliacs infected with the HIV virus with a view to
obtaining compensation for damage sustained as a result of the
delay on the part of the authorities in introducing adequate
regulations on the provision of blood products.
In a very large majority (347) of these 424 cases, judgments
have already been rendered. Compensation has been awarded in 23 of
these judgments whilst the claim has been rejected in the other
judgments. For the remaining 77 cases which are still pending, the
situation is as follows: 59 cases are awaiting supplementary expert
evidence and the other 18 cases were brought at the end of 1992 or
at the beginning of 1993.
Of the total of the 424 cases, 96 appeals have been made
against a first instance ruling, 82 of them having been made in
1992 and 14 in 1993. In 47 of these appeals, judgment has been
rendered whilst the remaining 49 are still awaiting judgment, due
to be given before the end of 1993.
The sums awarded by the Court for just satisfaction had been
paid on 20 July 1992.
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