Final Resolution ResDH(2002)44
Human Rights
Application No. 35169/97
Evrard against France
(Adopted by the Committee of Ministers on 30 April 2002
at the 792nd 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) 562, adopted on 8 October 1999 in the case of Evrard 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 applicant, proposals supplemented by a letter of the President of the Commission dated 27 September 1999;
Whereas at the 680th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 3 December 1999, 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, 50 000 French francs in respect of non-pecuniary damage and 5 000 French francs in respect of costs and expenses, namely a total sum of 55 000 French francs, and that interest would be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay (in accordance with the decision adopted by the Committee of Ministers at its 599th meeting, on 17 September 1997, on the general principles regarding the payment of default interest) 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 8 October 1999 and 3 December 1999, 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 drew the Committee’s attention to the fact that, on account of the specific circumstances of the case, new, similar violations of the Convention could be avoided for the future by informing the authorities concerned, and in particular the expert mentioned in paragraph 48 of the Commission’s report, of the requirements of the Convention: copies of the Commission’s report had accordingly been sent out to them;
Whereas the Committee of Ministers satisfied itself that on 7 January 2000, within the time-limit set, the government of the respondent state had paid the applicant the total sum of 55 000 French Francs as just satisfaction,
Declares, after having taken note of the measures taken by the Government of France, that it has exercised its functions under former Article 32 of the Convention in this case.
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