Resolution ResDH(2006)32 concerning the judgment of the European Court of Human Rights of 16 April 2002 (final on 16 July 2002) in the case of SA Dangeville against France

(Adopted by the Committee of Ministers on 21 June 2006 , at the 966 th meeting of the Ministers’ Deputies)

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 (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the SA Dangeville case delivered on 16 April 2002 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application (No. 36677/97) against France, lodged with the European Commission of Human Rights on 6 March 1997 under former Article 25 of the Co n vention by a French limited company, SA Dangeville and that the Court, seised of the case under Article 5, paragraph 2, of P rotocol No. 11, declared admissible the complaint concerning an infringement of the applicant company's right to the peaceful enjoyment of its possessions.

Whereas in its judgment of 16 April 2002 the Court unanimously:

- held that there had been a violation of Article 1 of P rotocol No. 1;

- held that it was not necessary to examine the complaint under Article 14 of the Convention in conjunction with the Article 1 of P rotocol No. 1;

- held that the finding of a violation constituted in itself sufficient just satisfaction in respect of non pecuniary damage;

- held that the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, 21 734,49 euros in respect of pecuniary damage, 21 190,41 euros in respect of costs and expenses and that simple interest at an annual rate of 4,26% would be payable on those sums from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicant’s claim for just satisfa c tion;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having invited the government of the respondent state to inform it of the mea s ures which had been taken in consequence of the judgment of 16 April 2002 , having regard to France obligation under Article 46, paragraph 1, of the Conve n tion to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state indicated that the Court’s judgment had been published on the official web site “Legifrance” and transmitted to the authorities concerned;

Having satisfied itself that on 11 October 2002, within the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment of 16 April 2002,

Declares, after having examined the information supplied by the Government of France, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.