Resolution ResDH (2004)50

concerning the judgment of the European Court of Human Rights of 19 June 2001 (final on 19 September 2001) in the case of Mahieu against France

(Adopted by the Committee of Ministers on 20 July 2004 at the 891st 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 Mahieu case delivered on 19 June 2001 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. 43288/98) against France, lodged with the European Commission of Human Rights on 13 may 1998 under former Article 25 of the Co n vention by Mr Daniel Mahieu , a French and Belgian national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints relating first, to the excessive length of certain proceedings concerning civil rights and obligations before administrative courts and secondly to the applicant’s right to the peaceful enjoyment of his possessions;

Whereas in its judgment of 19 June 2001 the Court unanimously:

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

- held that it was not necessary also to examine the applicant's complaint of a violation of Article 1 of Protocol No. 1;

- 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, 30 000 French francs in respect of non-pecuniary damage; 11 588 French francs in respect of costs and expenses 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 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 19 June 2001, 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 published on the official website “ Légifrance ” and sent out to the authorities directly concerned;

Having satisfied itself that on 17 October 2001, within the time-limit set, the government of the respondent state had paid the a p plicant the sums provided for in the judgment of 19 June 2001,

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.