Resolution ResDH (2003)96

concerning the judgment of the European Court of Human Rights of 13 November 2001 (final on 13 February 2002) in the case of Francisco 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 Francisco case delivered on 13 November 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. 38945/97) against France, lodged with the European Commission of Human Rights on 5 August 1997 under former Article 25 of the Co n vention by Mr José Francisco , a French national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the excessive length of two sets of proceedings concerning civil rights and obligations before the administrative courts;

Recalling that the applicant died in the course of the proceedings and that his heirs have expressed the wish to continue the proceedings;

Whereas in its judgment of 13 November 2001 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 judgment became final, 60 000 French francs in respect of non-pecuniary damage; 8 000 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 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 the judgment of 13 November 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 sent out to the authorities directly concerned;

Having satisfied itself that on 16 May 2002, after the expiry of the time-limit set, the government of the respondent state had paid the a p plicant the sums provided for in the judgment of 13 November 2001 and having noted that the applicant has not asked for the payment of default interest in view of the minimal sum involved (3,63 euros),

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.