Resolution ResDH (2002)65 concerning the judgment of the European Court of Human Rights of 9 November 1999 in the case of Gros against France

(Adopted by the Committee of Ministers on 24 June 2002 at the 798th 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 final judgment of the European Court of Human Rights in the Gros case delivered on 9 November 1999 and transmitted to the Committee of Ministers under Article 44 of the Convention;

Recalling that the case originated in an application (No. 43743/98) against France, lodged with the European Commission of Human Rights on 17 September 1998 under previous Article 25 of the Convention by Ms Dominique Gros , a French national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the excessive length of certain proceedings before the court of Appeal of Aix en Provence ;

Whereas in its judgment of 9 November 1999 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously to strike the case out of its list and took note of the parties’ undertaking not to refer the case to the Grand Chamber;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of France would pay the applicant a global sum of 30 000 French francs upon notification of the European Court’s judgment;

Recalling that Rule 44, paragraph 2, of the Rules of the Court provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 19 November 1999, the government of the respondent state had paid the applicant the sums provided for in the friendly settlement;

Having regard to the measures taken by the Government of France in order to remedy to the difficulties encountered by the Court of Appeal of Aix en Provence (see Final Resolution ResDH (2002)63 in the case of Bozza adopted on 24 June 2002);

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.