Resolution CM /ResDH(2007)49 [1]

Execution of the judgments of the European Court of Human Rights

Seguin , Wiot and Julien Ferdinand against France

(Applications No. 42400/98, 43722/98 and 50331/99, judgments of 16 April 2002, of 7 January 2003 and of 8 April 2003, final respectively on 6 November 2002, 7 April 2003 and on 8 July 2003)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the P rotection 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 referred to as “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 violation of the Convention found by the Court in these cases concerns the excessive length of certain proceedings concerning civil rights and obligations, principally before labour courts (violation of Article 6, paragraph 1), (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken in order to comply with France ' s obligation under Article 46, paragraph 1, of the Conve n tion 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 paid the a p plicants the just satisfaction provided in the judgments (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of

- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- general measures preventing similar violations;

Having examined the measures taken by the respondent state (see Appendix),

DECLARES that it has exe r cised 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(2007)49

Information about the measures taken to comply with the judgments in the cases of

Seguin , Wiot and Julien Ferdinand against France

Introductory case summary

These cases concern the excessive length of certain proceedings concerning civil rights and obligations before labour courts and administrative courts (violations of Article 6, paragraph 1).

In these cases, proceedings began respectively in 1984 (12 years and 9 months), 1992 (almost 10 years and 4 months at the date of the Court ' s judgment) and 1991 (more than 11 years and 4 months at the date of the Court ' s judgment).

The European Court recalled that its case-law requires industrial conflicts to be resolved promptly because of the particular importance of the questions they raise for people ' s professional situations.

I. P ayments of just satisfaction and individual measures

a) Details of just satisfaction

Name and application No.

Non-pecuniary damage

Total

P aid on

S eguin P aul

No. 42400/98

6 000 euros

6 000 euros

18/12/2002

W iot Didier No. 43722/98

7 000 euros

7 000 euros

03/09/2003

+ default interest

Julien Ferdinand No. 50331/99

14 000 euros

14 000 euros

06/10/2003

b) Ind ividual measures

All the proceedings have now been closed by final judgments.

II. General measures

In view of the publicity given to the case-law recalled in these judgments of the European Court , administrative and labour courts competent for industrial conflicts have all they need to take it into account in the future, given that they apply both the Convention and the European Court ' s case-law directly. Furthermore, the general public has also been informed of the requirements of the Convention, as interpreted inter alia in these judgments.

In particular, it may be noted that excerpts from a recent, similar judgment (Le Bechennec, application No. 28738/02, judgment of 28 March 2006, in which the Court referred to the Wiot judgment) have been published, together with a commentary, in a legal journal widely disseminated at national level. This publication has also been mentioned in the Court of cassation information bulletin ( Bulletin d ' information de la Cour de cassation, BICC ) No. 645 of 1 August 2006. Finally, the judgments were communicated to the administrative courts concerned by these cases.

III. Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicants of the violations of the Convention found by the European Court in this case, that these measures will prevent new, similar violations and that France has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 20 April 2007 at the 992nd meeting of the Ministers’ Deputies