Resolution CM/ResDH(2007)169[1]
Execution of the judgments of the European Court of Human Rights
2 cases concerning allegations related to the excessive length of certain administrative proceedings against France
(Application Nos. (see details in Appendix), friendly settlements)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the judgments transmitted by the Court to the Committee once they had become final;
Recalling that the complaints declared admissible in these cases concerned the excessive length of certain proceedings related to civil rights and obligations before the administrative courts (complaints under Article 6, paragraph 1);
Whereas in these cases the Court, having taken formal note of friendly settlements reached by the government of the respondent state and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its Protocols decided, unanimously, to strike these cases out of its list and took note of the parties' undertaking not to request a re-hearing of the cases before the Grand Chamber;
Whereas under these friendly settlements it was agreed that the government of the respondent state would pay the applicants certain sums (see details in Appendix), within three months as from the notification of the judgments;
Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the President forwards to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;
Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;
Having examined the information provided by the government in accordance with the Committee's Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that the government of the respondent state paid the applicants the sums provided for in the friendly settlements (see details in Appendix), in conditions accepted by the applicants, having noted that in the case Loyen, following contacts between the government and the applicants in order to make the payment, the sum allocated jointly has been paid to the first applicant, with obligation to share with the second applicant, her daughter;
Recalling that, as regard the applicants' complaints, certain measures taken by the French authorities in order to put to an end to the problem of excessive length of administrative proceedings appear in the Final Resolution ResDH(2005)63 of 18 July 2005 ;
DECLARES, having examined the information supplied by the Government of France, that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in these cases and
DECIDES to close their examination.
Appendix to Resolution CM/ResDH(2007)169
Information about the measures to comply with the judgments in the two cases concerning allegations related to the excessive length of certain administrative proceedings against France
Details of payments
Case name and application No.
Date of judgment,
final on
Global amount
Date of payment
DIARD
42279/98
22/04/2003
final on 22/04/2003
7 000 euros
21/08/2003
LOYEN
43543/98
29/07/2003,
final on 29/07/2003
6 000 euros
jointly for both applicants
01/12/2003
[1] Adopted by the Committee of Ministers on 19 December 2007 at the 1013th meeting of the Ministers’ Deputies
Full & Egal Universal Law Academy