Resolution ResDH(2004)103

concerning the judgments of the European Court of Human Rights in seven cases against France (see appendix to this resolution) concerning the excessive length of certain civil proceedings

(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 judgments of the European Court of Human Rights in the seven cases, details of which appear in the appendix to this resolution, delivered on 7 February 2002, 21 February 2002, 19 March 2002, 28 January 2003, 8 April 2003 and 27 May 2003 and transmitted to the Committee of Ministers once they had become final under Articles 44 and 46 of the Convention;

Recalling that these cases originated in applications against France (see appendix to this resolution), lodged either with the European Court of Human Rights under Article 34 of the Co n vention or the European Commission of Human Rights under former Article 25 of the Co n vention and that the Court (seized of the cases lodged with the Commission under Article 5, paragraph 2, of Protocol No. 1 1 ) declared admissible the complaints concerning the excessive length of certain civil proceedings;

Whereas in its judgments concerning these cases 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 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 (at a rate set out by the Court in each judgment) 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 these judgments, 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, and that, in the cases of Langlois, Molles and Marks and Ordinateur Express, the Committee had asked for the proceedings, still pending at the time of the Court ' s judgments, to be accelerated so as to remedy as far as possible the consequences of the violations found ( restitutio in integrum );

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 and that the default interest due in cases where payment was made after expiry of the time-limit had also been paid (see appendix to this Resolution),

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(2004)103

Details of the just satisfaction awarded to the applicants

Applications lodged with the European Commission of Human Rights

(former Article 25 of the Convention)

Cases

Date of judgment

Non-pecuniary

damage and costs and expenses

Payment on

Langlois

39278/98

07/02/2002 – Final on 07/05/2002

7,000 euros

29/08/2002 + interest

Granata

39626/98

6 829,39 euros

08/09/2003

Molles

43627/98

28/0 1 /2003 – Final on 28/04/2003

8 400 euros

06/ 1 0/2003 + interest

Applications lodged with the European Court of Human Rights

(Article 34 of the Convention)

Cases

Date of judgment

Non-pecuniary

damage and costs and expenses

Payment on

Van Der Kar and Lissaur Van West

44952/98 44953/98

1 9/03/2002 – Final on 1 9/06/2002

18 298 euros

02/ 1 2/2002 + interest

Marks & Ordinateur Express

47575/99

2 1 /02/2002 – Final on 2 1 /05/2002

9 800 euros

22/08/2002 (one day late - applicant has not insisted on payment of interest - minimal sum)

Richart-Luna

48566/99

08/04/2003 – Final on 08/07/2003

8 000 euros

27/ 1 0/2003 + interest

Kornblum

50267/99

27/05/2003 – Final on 27/08/2003

1 1 870 euros

14/11/2003