Final Resolution ResDH (2003)93

Human Rights Application No. 26496/95 Société Fruehauf 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 former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH (97)610, adopted on 15 December 1997 in the case of Société Fruehauf against France, in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1, of the Convention on account of the excessive length of certain proceedings concerning civil rights and obligations before the social security courts and the social chamber of the Cour de cassation , and to make public the report of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant company, proposals supplemented by a letter of the President of the Commission dated 16 December 1997;

Whereas at the 618th meeting of the Ministers’ Deputies, the Committee of Ministers, agre e ing with the Commission’s proposals, held by a decision adopted on 18 February 1998, in accordance with former Article 32, paragraph 2, of the Convention, that the government of the respondent state was to pay the applicant company as just satisfaction, within three months, 30 000 French francs in respect of non-pecuniary damage, 50 000 French francs in respect of pecuniary damage and 60 000 French francs in respect of costs and expenses, namely a total sum of 140 000 French francs, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant company;

Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its decisions of 15 December 1997 and 18 February 1998, having regard to France’s obligation under former Article 32, paragraph 4, of the Convention to abide by them;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new violations of the same kind as that found in this case, particularly through changes in the processing and examination of appeals and staff reinforcement with a view to remedying the workload of certain chambers of the Cour de cassation (see Resolution ResDH (2003)88 in the Hermant case);

Whereas the Committee of Ministers satisfied itself that on 17 April 1998, within the time-limit set, the government of the respondent state had paid the applicant company the total sum of 140 000 French francs as just satisfaction,

Declares, after having taken note of the measures taken by the Government of France, that it has exercised its fun c tions under former Article 32 of the Convention in this case.