Resolution ResDH(2005 )77

concerning the judgment of the European Court of Human Rights of 16 April 2002 (final on 16 July 2002) in the case of Société Colas Est and others against France

(Adopted by the Committee of Ministers on 18 July 2005 at the 933 rd 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, as amended by P rotocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the case of Société Colas Est and others 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. 37971/97) against France, lodged with the European Commission of Human Rights on 2 December 1996 under former Article 25 of the Co n vention by three French road construction companies, Colas Est, Colas Ouest and Sacer, and that the Court, seised of the case under Article 5, paragraph 2, of P rotocol No. 11, declared admissible the complaint concerning a violation of the applicant companies ' right to respect of their premises, which were investigated in 1985 as part of an administrative inquiry ;

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

- held that there had been a violation of Article 8 of the Convention;

- held that the government of the respondent state was to pay the applicants, within three months from the date upon which the judgment became final, 15 000 euros in respect of non-pecuniary damage (5 000 euros to each company), 21 300 euros in respect of costs and expenses ( 6 700 euros for the company Colas Est, 10 200 euros for the company Colas Ouest and 4 400 euros for the company Sacer), plus any amount due in respect of VAT, 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 applicants ' 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 ' s 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 sent out to the authorities directly concerned;

Having satisfied itself that on 25 October 2002, after the expiry of the time-limit set, the government of the respondent state had paid the applicants the sums provided for in the judgment of 16 April 2002, and having taken note of the fact that the applicants have waived their right to default interest in view of the minimal sum involved,

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.