Final Resolution ResDH(2004)98

Human Rights Application No. 39966/98 De Cantelar against France

(Adopted by the Committee of Ministers on 22 December 2004 at the 906th meeting of the Ministers ' Deputies)

The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH(2000)86, adopted on 29 May 2000 in the case of De Cantelar against France, in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1, of the Convention on account of the excessive length of certain civil proceedings concerning rights and obligations before labour courts, and to make public the report of the European Commission of Human Rights;

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 ad hoc Committee charged with assisting the Committee of Ministers on the adoption of decisions related to - just satisfaction after the expiry of the mandate of the European Commission of Human Rights, dated 9 April 2001 ;

Whereas at the 757th meeting of the Ministers ' Deputies, the Committee of Ministers, held by a decision adopted on 26 June 2001, 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 satisfaction, within three months, a total sum of 30 000 French francs, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, 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 adoption of Interim Resolution DH(2000)86 and decision of 26 June 2001, having regard to France ' s obligation under former Article 32, paragraph 4, of the Convention 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 that found in this case, in particular through reinforcing the Aix-en-Provence Court of Appeal (see Resolution DH(2002)63 in the case of Bozza), 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 satisfied itself that on 25 July 2001, the government of the respondent state had paid the applicant the total sum of 30 000 French francs as just satisfaction, within the time-limit set,

Declares, after having examined the measures taken by the Government of France, that it has exercised its fun c tions under former Article 32 of the Convention in this case.