Resolution ResDH (2003)106

concerning the judgment of the European Court of Human Rights of 28 November 2000 (final on 28 February 2001) in the case of Lucas against France

(Adopted by the Committee of Ministers on 17 June 2003 at the 841st 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 Lucas case delivered on 28 November 2000 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. 37257/97) against France, lodged with the European Commission of Human Rights on 6 December 1996 under former Article 25 of the Co n vention by Ms Lucie Lucas , a French national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint concerning the excessive length of certain criminal proceedings combined with civil action for damages;

Whereas in its judgment of 28 November 2000 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, 50 000 French francs in respect of non-pecuniary damage, and that simple interest at an annual rate of 2,74% would be payable on this 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 28 November 2000, 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 sent out to the authorities directly concerned;

Having satisfied itself that on 20 September 2001, after expiry of the time-limit set, the government of the respondent state had paid the a p plicant the sum provided for in the judgment of 28 November 2000, and that the default interest due, that is 116,73 euros, was paid on 24 June 2002,

Declares, after having taken note of 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.