Final Resolution ResDH(2003)91
Human Rights
Application No. 35259/97
Nagler against France
(Adopted by the Committee of Ministers on 17 June 2003
at the 841st 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(2000)17, adopted on 14 February 2000 in the case of Nagler 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 proceedings concerning civil rights and obligations before the labour courts, in particular before the Cour de cassation, 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 30 October 1999 ;
Whereas at the 695th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 14 February 2000, 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, 60 000 French francs in respect of non-pecuniary damage and 5 000 French francs in respect of costs and expenses, namely a total sum of 65 000 French francs, 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 14 February 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 recalled that measures had already been taken to avoid new violations of the same kind as that found in this case, particularly through changes in the processing and examination of appeals and staff reinforcement with a view to remedying the workload of certain chambers of the Cour de cassation (see Resolution ResDH(2003)88 in the Hermant case);
Whereas the Committee of Ministers satisfied itself that on 30 March 2000, within the time-limit set, the government of the respondent state had paid the applicant the total sum of 65 000 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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