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CASE OF FONTAINE AND BERTIN AND 4 OTHER CASES AGAINST FRANCE

Doc ref: 38410/97;40373/98;69678/01;8112/02;97/03;20893/03 • ECHR ID: 001-118225

Document date: March 7, 2013

  • Inbound citations: 120
  • Cited paragraphs: 1
  • Outbound citations: 0

CASE OF FONTAINE AND BERTIN AND 4 OTHER CASES AGAINST FRANCE

Doc ref: 38410/97;40373/98;69678/01;8112/02;97/03;20893/03 • ECHR ID: 001-118225

Document date: March 7, 2013

Cited paragraphs only

Resolution CM/ ResDH (201 3 ) 16 [1]

5 cases against France

Execution of the judgments of the European Court of Human Rights

(see Appendix)

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, and following the Court ’ s finding of violations of the Convention in these cases;

Having invited the government of the respondent State to inform the Committee of the measures taken 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 respondent State placed the just satisfaction awarded in the judgments at the applicants disposal, and informed them thereof;

Recalling that the general measures required to prevent similar violations to those found by the Court in these cases have already been adopted in leading cases (see the relevant final resolutions cited in the appended table);

Noting furthermore, as the government considers and given the particular circumstances of each case, that no individual measure is necessary apart from the payment of just satisfaction,

DECLARES, having examined the measures taken by the respondent State, that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination of these cases.

Appendix to Resolution CM/ ResDH (2013) 16

Information on the measures taken to comply with the judgments in 5 cases against France

Cases under examination

Reference cases already closed

Application N o

Case name

Date of judgment

Date of final judgment

Reference Final Resolution

38410/97

Fontaine and Bertin

08/07/2003

10/11/2004

MEFTAH

CM/ ResDH (2008)71

69678/01

Cossec

14/12/2004

06/06/2005

SLIMANE-KAID No. 2

CM/ ResDH (2008)13

8112/02

De Luca

02/05/2006

02/08/2006

SLIMANE-KAID No. 2

CM/ ResDH (2008)13

97/03

Menvielle No. 2

16/01/2007

16/04/2007

DELBEC III

CM/ ResDH (2007)42

20893/03

July and SARL Libération

14/02/2008

15/05/2008

PATUREL

CM/ ResDH (2011)57

[1] Adopted by the Committee of Ministers on 7 March 2013 at the 1164th meeting of the Ministers’ Deputies.

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