Resolution ResDH(2006) 9

concerning the judgment of the European Court of Human Rights of 9 April 2002 (Friendly settlement) in the case of Marcel against France

(Adopted by the Committee of Ministers on 22 February 2006 , at the 955th 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 final judgment of the European Court of Human Rights in the Marcel case delivered on 9 April 2002 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 44791/98) against France, lodged with the European Commission of Human Rights on 24 October 1998 under former Article 25 of the Co n vention by Mr Guy Marcel, a French national, and that the Court, seized of the case under Article 5, paragraph 2, of P rotocol No. 11, declared admissible the complaint relating to the excessive length of certain proceedings before labour courts;

Whereas in its judgment of 9 April 2002 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its P rotocols, decided unanimously to strike the case out of its list and took note of the parties ’ undertaking not to request a re-hearing of the case before the Grand Chamber;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of France would pay the applicant, the sum of 35.000 French Francs (i.e. 5 335,72 euros) immediately upon notification of the judgment;

Recalling that Rule 43, paragraph 3, of the Rules of the Court (old Rule 44, paragraph 2) provides that the striking-out of a case shall be effected by means of a judgment which the P resident shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;

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

Having satisfied itself that on 22 August 2002, the government of the respondent state had paid the applicant the sum provided in the friendly settlement and that no other measure was required in the present case to conform to the Court ’ s judgment ,

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.