Resolution ResDH(2006)4
concerning the judgments of the European Court of Human Rights
delivered between 14 September 2004 and 30 November 2004 (final between 14 December 2004 and 22 February 2005) in the 3 cases against France (see appendix) of length of proceedings concerning civil rights and obligations before administrative courts
(Adopted by the Committee of Ministers on 22 February 2006,
at the 955th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to the judgments of the European Court of Human Rights delivered between 14 September 2004 and 30 November 2004 in the 3 cases details of which appear in the appendix to this resolution, and transmitted to the Committee of Ministers once they had become final under Articles 44 and 46 of the Convention;
Recalling that the judgment of the Court in the case Rey and 3 others became final on 2 February 2005 since, at this date, the government of the respondent state was informed that the requests for a re-hearing before the Grand Chamber had been dismissed;
Recalling that the cases originated in applications against France, lodged with the European Court of Human Rights between 25 January 1999 and 20 February 2001 under Article 34 of the Convention by several French nationals, and that the Court declared admissible the complaints concerning the excessive length of certain proceedings concerning civil rights and obligations before administrative courts;
Whereas in its judgments delivered between 14 September 2004 and 30 November 2004 concerning these cases the Court unanimously:
- held that there had been a violation of Article 6, paragraph 1, of the Convention;
- held that the government of the respondent state was to pay the applicants, within three months from the date at which the judgments became final, the amounts of just satisfaction set out in the appendix to this resolution and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points shall be payable from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the applicants’ claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of these judgments, having regard to France’s obligation under Article 46, paragraph 1, of the Convention to abide by it;
Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state indicated that the European Court’s judgments had been sent out to the authorities directly concerned;
Whereas to remedy as far as possible the consequences of the violation found (restitutio in integrum) in the Bruxelles case, the Committee of Ministers requested acceleration of the proceedings, which were still pending when the European Court delivered the judgment;
Whereas the government of the respondent state recalled that measures had already been taken to avoid new violations of the same kind as those found in these cases, these measures being in particular presented in Resolution ResDH(2005)63 presenting the adoption of Act No. 2002-118 of 9 September 2002 which in particular provides recruitments, creations of juridictions and budgetary allocations, as well as the adoption of procedural measures to enable appeal courts to reduce their stock of old files in a more efficient manner and reduce the inflow of new cases;
Having satisfied itself that on the dates indicated in the appendix, after expiry of the time-limit set, the government of the respondent state had paid the applicants the sums provided for in the judgments mentioned, as well as the default interest due in the Maugee case,
Declares, after having examined the information supplied by the Government of France, that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases.
Appendix to Resolution ResDH(2006)4
Details of the just satisfaction awarded to the applicants
Case
Application No.
Judgments of
Final on
Non pecuniary damage
Costs
Date of payment
BRUXELLES Claude
46922/99
30/11/04
28/02/05
8 500,00 €
912,55 €
12/05/05
MAUGEE Henri
65902/01
14/09/04
14/12/04
8 000,00 €
2 000,00 €
31/03/05 + interests
REY Jean‑Pierre and others
68406/01, 68408/01, 68410/01 and 68412/01
05/10/04
02/02/05
16 000,00 €
-
14/04/05
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