Resolution ResDH(2005 )46

concerning the judgments of the European Court of Human Rights of 8 April 2003 ( final on 9 July 2003) and 10 April 2003 ( final on 10 July 2003 ) in 2 cases against France (see appendix) relating to the excessive length of civil proceedings

(Adopted by the Committee of Ministers on 21 June 2005 , at the 928 th meeting of the Ministers ' Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the judgments of the European Court of Human Rights in the 2 cases details of which appear in the appendix to this resolution, delivered in April 2003 and transmitted to the Committee of Ministers once they had become final under Articles 44 and 46 of the Convention;

Recalling that the cases originated in applications against France, lodged with the European Commission of Human Rights under former Article 25 or before the European Court of Human Rights under Article 34 on 15 July 1998 and 1 July 1999 by several French nationals, and that the Court, declared admissible the complaints related to the excessive length of certain civil proceedings;

Whereas in its judgments issued in April 2003 concerning these cases the Court unanimously:

- held that there had been a violation of Article 6, paragraph 1 of the Convention;

- held that the respondent state was to pay the applicants, within three months from the date at which the judgments became final, the amounts of just satisfaction (set out in the appendix to this resolution) and that simple interest equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points 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 judgments delivered on 8 April 2003 and 10 April 2003 , having regard to France ' s obligation under Article 46, paragraph 1, of the Conve n tion to abide by it;

Whereas during the Committee of Ministers ' examination of these cases the government of the respondent state indicated that the Court ' s judgments had been sent out to the authorities directly concerned;

Having satisfied itself that on the dates indicated in the appendix, the government of the respondent state had paid the a p plicants the sums provided for in these judgments, the applicants in the Schiettecatte case having waived the payment of default interest,

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 these cases.

Appendix to Resolution ResDH(2005)46

Details of the just satisfaction awarded to the applicants

Case

Application

Date of judgment

Date of definitive judgment

Non-pecuniary damage

Costs

Date of payment

HUTT-CLAUSS

44482/98

10/04/03

10/07/03

5000 €

05/11/03 + interests

SCHIETTECATTE

49198/99

08/04/03

09/07/03

8000 €

12/01/04