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 28 March 1990 by a building company SCI de Boumois against
France (Application No. 17078/90);
Whereas on 10 May 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 its application, declared admissible by the
Commission on 13 February 1992, the applicant company complained
of the excessive length of an administrative procedure concerning
the annulment of an order of the local authority requiring the
applicant company to suspend work which it had commenced after
having received a permit from the local authorities;
Whereas in its report adopted on 31 March 1993, 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 499th meeting of the Ministers' Deputies,
held on 15 October 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 company as just
satisfaction, within three months, 30 000 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 15 October 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 the Committee of Ministers satisfied itself that on
14 November 1994 at the latest the Government of France paid the
applicant company the total sum of 30 000 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.
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