Resolution ResDH(2004)100

concerning the judgment of the European Court of Human Rights of 8 April 2003 (final on 8 July 2003) in the case of Jussy 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 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 judgment of the European Court of Human Rights in the Jussy case delivered on 8 April 2003 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. 42277/98) against France, lodged with the European Commission of Human Rights on 3 February 1 998 under former Article 25 of the Co n vention by Ms Janny Jussy , a French national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 1 1 , declared admissible the complaint concerning the excessive length of certain proceedings concerning civil rights and obligations before industrial courts;

Whereas in its judgment of 8 April 2003 the Court unanimously:

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

- 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, 6 000 euros in respect of non-pecuniary damage and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points shall be payable on that sum 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 8 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 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 the one 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 the C our de cassation (see Resolution DH(2003)88 in the case of Hermant), and indicated that the Court ' s judgment had been sent out to the authorities directly concerned;

Having satisfied itself that on 6 October 2003, within the time-limit set, the government of the respondent state had paid the a p plicant the sum provided for in the judgment of 8 April 2003,

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.