Resolution ResDH (2003)71 concerning the judgment of the European Court of Human Rights of 21 March 2000 in the case of Dulaurans against France

(Adopted by the Committee of Ministers on 24 April 2003 at the 834th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of A r ticle 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 final judgment of the European Court of Human Rights in the Dulaurans against France case delivered on 21 March 2000 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 34553/97) against France, lodged with the European Commission of Human Rights on 17 December 1996 under former Article 25 of the Convention by Ms Michelle Christine Dulaurans , a French national, and that the Commission declared admissible the complaint that her right to a fair trial had been breached in that the Court of cassation had dismissed her appeal on points of law on the manifestly incorrect ground that she was relying on a new argument;

Recalling that the case was brought before the Court by the Commission and by the government of the respondent state, on 2 and 30 November 1998 respectively;

Whereas in its judgment of 21 March 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 on which the judgment became final, 100 000 French francs in respect of non-pecuniary damage; 50 000 French francs in respect of costs and expenses and that simple interest at an annual rate of 3,47% 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 satisfaction;

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 measures which had been taken in consequence of the judgment of 21 March 2000, having regard to France’s obligation under Article 46, paragraph 1, of the Convention 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 2 October 2000, after the expiry of the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment of 21 March 2000, and that the default interest due, that is 1 464,80 French francs, was paid on 19 June 2001,

Declares, after having taken note of the information supplied by the Government of France, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.