Resolution ResDH (2001)93 concerning the judgment of the European Court of Human Rights of 26 September 2000 in the case of Donati against France

(Adopted by the Committee of Ministers on 23 July 2001 at the 760 th 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 Donati case delivered on 26 September 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. 37989/97) against France, lodged with the European Commission of Human Rights on 18 August 1997 under former Article 25 of the Convention by Max and Eliane Donati , both French nationals, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible their complaint relating to the excessive length of certain civil proceedings;

Whereas in its judgment of 26 September 2000 the Court, after having taken formal note of a friendly settlement reached by the Government of the respondent state and the applicants, 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 request a re-hearing of the case before the Grand Chamber;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of France would pay the applicants the sum of 50 000 French francs, all damages included as soon as the judgment is notified;

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 14 August 2000 the Government of the respondent state had paid the applicants the sum provided for in the friendly settlement and that no other measure was required in the present case to conform to the Court’s judgment,

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.