Final Resolution CM /ResDH(2007)62

Human Rights

Application No. 31842/96

Darmagnac against France

(Adopted by the Committee of Ministers on 20 April 2007, at the 992nd meeting of the Ministers ' Deputies)

The Committee of Ministers, under the terms of former Article 32 of the Convention for the P rotection of H u man Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the Interim Resolution (98) 388, adopted on 12 November 1998 in the case of P ierre Darmagnac V against France, in which the Committee of Ministers authorised the publication of the report of the European Commission of Human Rights and concluded that there had been a violation of Article 6, paragraph 1, of the Convention in respect of the excessive length of certain civil proceedings before administrative courts, for compensation for injury sustained from the applicant ' s infection with the Hepatitis A and C virus as a result of a blood transfusion;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the P resident of the Commission dated 17 June 1999;

Whereas at the 680th meeting of the Deputies, the Committee of Ministers, agreeing with the Commission ' s proposals, held by a decision adopted on 8 October 1999, in accordance with former Article 32, paragraph 2, of the Convention, that the government of the respondent state was to pay the applicant as just satisfa c tion, within three months, 80 000 French Francs in respect of non-pecuniary damage and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay (in accordance with the decision adopted by the Committee of Ministers at their 599th meeting on the 17 September 1997, on the general principles concerning the payment of moratory interest) it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;

Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its decisions of 12 November 1998 and 8 October 1999, having regard to France ' s obligation under former Art i cle 32, paragraph 4, of the Conve n tion to abide by them;

Whereas, during the examination of the case by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new violations of the same kind as that found in this case (see Resolution CM /ResDH(2007)48 in the cases of Richard and 6 other cases against France);

Having noted that the domestic proceedings have ended by a judgment from the Nice Administrative Court of 16 April 1997;

Whereas the Committee of Ministers satisfied itself that the gover n ment of the respondent state paid the applicant on 3 December 1999 within the time limit set, the total sum of 80,000 French Francs as just satisfaction;

D eclares, after having taken note of the measures taken by the government of France and considering the decision taken at the 755th meeting of the Committee of Ministers (17 December 2001), that it has exercised its fun c tions under former Article 32 of the Convention in this case and decides to close its examination.