The Committee of Ministers, under the terms of Article 32
(art. 32) of the Convention for the Protection of Human Rights and
Fundamental Freedoms (hereinafter referred to as "the Convention"),
Having regard to the report drawn up by the European
Commission of Human Rights in accordance with Article 31 (art. 31)
of the Convention relating to the application lodged on
8 November 1988 by Mr Jean-Camille Niederlaender against France
(Application No. 14590/89);
Whereas on 10 February 1993 the Commission transmitted the
said report to the Committee of Ministers and whereas the period of
three months provided for in Article 32, paragraph 1 (art. 32-1),
of the Convention has elapsed without the case having been brought
before the European Court of Human Rights in pursuance of
Article 48 (art. 48) of the Convention;
Whereas in his application, as declared admissible by the
Commission on 8 July 1991, the applicant complained of the
excessive length of certain proceedings for damages before the
administrative courts;
Whereas in its report adopted on 2 December 1992, the
Commission expressed, unanimously, the opinion that there had been
a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention;
Whereas, at the 494th meeting of the Ministers' Deputies held
on 18 May 1993, the Committee of Ministers, agreeing with the
opinion expressed by the Commission, held, having voted in
accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the Convention, that there had been in this case a
violation of Article 6, paragraph 1 (art. 6-1), of the Convention;
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 15 April 1994;
Whereas, at the 514th meeting of the Deputies held on
9 June 1994, the Committee of Ministers decided, in accordance with
Article 32, paragraph 2 (art. 32-2), of the Convention, that the
Government of France was to pay the applicant as just satisfaction,
within three months, 40 000 French francs in respect of
non-pecuniary damage;
Whereas the Committee of Ministers invited the Government of
France to inform it of the measures taken following its decisions
of 18 May 1993 and 9 June 1994, having regard to France's
obligation under Article 32, paragraph 4 (art. 32-4), of the
Convention to abide by them;
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
Committee's decisions, which information appears in the appendix to
this resolution;
Whereas the Committee of Ministers satisfied itself that on
19 February 1995 at the latest the Government of France paid the
applicant the total sum of 40 000 French francs as just
satisfaction,
Declares, having taken note of the measures taken by the
Government of France, that it has exercised its functions under
Article 32 (art. 32) of the Convention in this case;
Authorises the publication of the report adopted by the
Commission in this case.
Appendix to Resolution DH (95) 315
Information provided by the Government of France
during the examination of the case of Niederlaender
by the Committee of Ministers
The report of the Commission has been diffused to the relevant
courts, according to a practice established by the Government of
France in similar cases. The government is of the opinion that
this practice will prevent the repetition of violations similar to
the one found in the present case.
Full & Egal Universal Law Academy