Final Resolution ResDH (2002)121 Human Rights Application Nos. 26059/94 and 31404/96 Potier and Cocquempot against France

(Adopted by the Committee of Ministers on 21 October 2002 at the 810th 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 (99) 354, adopted on 9 June 1999 in the case of Potier and Cocquempot against France, in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1, of the Convention as regards the lack of access of the first applicant to a tribunal and that there had been violations of Article 6, paragraph 1, of the Convention on account of the excessive length of two sets of proceedings combined with civil action for damages, 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 applicants, proposals supplemented by a letter of the President of the Commission dated 26 May 1999;

Whereas at the 677th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 15 July 1999, in accordance with former Article 32, paragraph 2, of the Convention, that the government of the respondent state was to pay as just satisfaction, within three months Mr Gérard Potier 87 000 French francs in respect of non-pecuniary damage, and to Mr Paul Cocquempot 60 000 French francs in respect of non-pecuniary damage, namely a total sum of 147 000 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 applicants;

Whereas the Committee of Ministers invited the government of the government of the respondent state to inform it of the measures taken following its decisions of 9 June 1999 and 15 July 1999, 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 drew the Committee’s attention to the fact that, on account of the specific circumstances of the case, new similar violations of the Convention could be avoided for the future by informing the authorities concerned of the requirements of the Convention: copies of the Commission’s report have accordingly been sent out to the Attorney General to the Court of Appeal of Douai with a view to its wide dissemination to the Tribunaux de Grande Instance of Lille and Boulogne sur Mer ;

Whereas the Committee of Ministers satisfied itself that on 13 October 1999, within the time-limit set, the government of the respondent State had paid the applicants the total sum of 147 000 French francs as just satisfaction,

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