Final Resolution CM /ResDH(2007)65

Human Rights

Application No. 28845/95

Venot 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 DH(2000)19, adopted on 14 February 2000 in the case of Venot against France, in which the Committee of Ministers authorised the publication of the report of the European Commission of Human Rights after having decided that there had been a breach in the applicants’ right of access to a court (violation of Article 6, paragraph 1) on account of, first, 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 and, secondly, the refusal to re-enrol this appeal;

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 30 October 1999;

Whereas at the 695th meeting of the Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 14 February 2000, 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, 100 000 French Francs in respect of non-pecuniary and pecuniary damage and 25 360 French Francs in respect of legal expenses, being a total sum of 125 360 French Francs and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay 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 14 February 2000, 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 the one found in this case, notably through the publication, together with a commentary, of the judgment of the Court in the case of Annoni Di Gusola (see CM /ResDH(2007)37), and indicated that the Commission’s report as well as the Committee of Ministers’ decisions had been sent out to the authorities directly concerned;

Whereas the Committee of Ministers noted that on 15 May 2000 the government of the respondent state had paid the applicant the total sum of 125 360 French Francs as just satisfaction, within one month of the time ‑ limit set, and thus no default interest was due in accordance with the above-mentioned decision of the Committee of Ministers concerning the modalities of default interest pa y ment,

D eclares, after having taken note of the measures taken by the government of France and considering the decision taken at the 760th meeting of the Committee of Ministers (23 July 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.