Resolution CM /ResDH(2007)64 [1]

Execution of the judgment of the European Court of Human Rights

Mortier against France

(Application No. 42195/98, judgment of 31 July 2001, final on 31 October 2001)

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 judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns an infringement of the right of access by the applicant to a court (violation of Article 6, paragraph 1), on account of the decision of the P resident of the Court de cassation , under Article 1009-1 of the Code of Civil P rocedure, to remove the applicant ' s appeal from that court ' s list;

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;

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, within the time-limit set, the respondent state paid the a p plicant the just satisfaction provided in the judgment (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 judgment, 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

- of general measures, preventing similar violations;

Having examined the measures taken by the respondent state, in particular, concerning the measures adopted, information for which is detailed in the attached Appendix and recalling the decision taken at its 847th meeting (22 July 2003),

DECLARES that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and DECIDES to close the examination of this case.

Appendix to Resolution CM /ResDH(2007)64

Information about the measures taken to comply with the judgment in the case of

Mortier against France

Introductory case summary

This case concerns an infringement of the right of access by the applicant to a court (violation of Article 6, paragraph 1), on account of the decision of the P resident of the Court de cassation , under Article 1009-1 of the Code of Civil P rocedure, to remove the applicant ' s appeal from that court ' s list,

I. P ayment of just satisfaction and individual measures

a) Details of just satisfaction

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

100 000 FF

20 000 FF

120 000 FF

P aid on 3 April 2002, default interest paid on 26 July 2002

b) Individual measures

Having regard to the circumstances of the case, the amount of the just satisfaction awarded by the Court and the grounds advanced by the court to support its decision on the just satisfaction, no other measure appeared necessary.

II. General measures

The government of France recalls that measures have been adopted to prevent new similar violations as those observed, in particular with the publication, accompanied by a commentary, of the judgment in the case of Annoni di Gusola (voir CM /ResDH(2007)37 Annoni Di Gusola).

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