Information Note on the Court’s case-law No.

September 1998

B.B. v. France (striking out) - 30930/96

Judgment 7.9.1998

Article 37

Article 37-1

Striking out applications

R isk of Congolese (former Zaïrean) national suffering from Aids being deported to his country of origin where he would not receive appropriate medical treatment: struck out

[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions ). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]

No friendly settlement or arrangement in case before Court – however, order constituted an “other fact of a kind to provide a soluti on of the matter” (Rule 49 § 2 of Rules of Court A) – in initial application to Convention institutions, applicant’s main argument had been that if he was deported to what had formerly been Zaïre there would be a considerable risk of his being exposed to t reatment contrary to Article 3 of Convention, as he would not be able to receive in country of origin treatment his serious medical condition required – risk of violation had ceased as a result of compulsory residence order made against applicant and Gover nment’s undertaking not to deport him – no separate issue arose under Article 8.

Furthermore, no reason of public policy to proceed with case.

Conclusion: case to be struck out of the list (unanimously).

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

Click here for the Case-Law Information Notes