Resolution ResDH (2003)97

concerning the judgment of the European Court of Human Rights of 19 March 2002 (final on 19 June 2002) in the case of Goubert and Labbé 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 case of Goubert and Labbé delivered on 19 March 2002 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. 49622/99) against France, lodged with the European Commission of Human Rights on 17 September 1998 under former Article 25 of the Co n vention by Mr Lucien Goubert and Ms Jocelyne Goubert (« the first applicants»), and Mr Denis Labbé and Ms Lisette Labbé (« the second applicants») , all French nationals, 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 certain proceedings concerning civil rights and obligations before the administrative courts;

Whereas in its judgment of 19 March 2002 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, within three months from the date at which the judgment became final, to the first two applicants, 6 000 euros in respect of non-pecuniary damage; to the second two applicants, 6 000 euros in respect of non pecuniary damage; a total of 2 000 euros jointly for the four applicants, including value-added tax, 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 19 March 2002, 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 31 October 2002, after the expiry of the time-limit set, the government of the respondent state had paid each of the a p plicants groups the sums provided for in the judgment of 19 March 2002, and that the default interest due, that is 24,85 euros for each of the applicants groups, was paid on the same day,

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.