Final Resolution ResDH(2001)5 Human Rights Application No. 14635/89 Union des Athées against France

(Adopted by the Committee of Ministers on 26 February 2001 at the 741 st 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 the Committee of Ministers' decision, adopted on 6-7 June 1995 in the case of Union des Athées against France, in which the Committee of Ministers decided in particular that there had been a violation of Article 14 combined with Article 11 of the Convention in that the applicant association was prevented by law from receiving a legacy;

Having regard to Interim Resolution DH (97) 476, adopted on 17 September 1997 in which the Committee of Ministers decided 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 association, proposals supplemented by a letter of the President of the Commission dated 8 December 1995;

Whereas at the 567 th meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held by a decision adopted on 25 June 1996, in accordance with former Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay the applicant association as just satisfaction, within three months, 2 000 French francs in respect of non-pecuniary damage and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay (in accordance with the decision adopted by the Committee of Ministers at its 599 th meeting on 17 September 1997, on general principles regarding the payment of default interest) 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 association;

Whereas the Committee of Ministers invited the Government of the respondent state to inform it of the measures taken following its decisions of 6-7 June 1995 and 25 June 1996, 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 accordingly gave the Committee information about the measures taken in consequence of the Committee's decisions taken to avoid new violations of the same kind as the one found in this case (this information appears in the appendix to this resolution) and indicated that the Commission's report as well as the Committee of Ministers' decisions had been sent out to the authorities directly concerned;

Whereas the Committee of Ministers has satisfied itself that on 26 June 1997 the Government of the respondent State paid the applicant association the total sum of 2 000 French francs as just satisfaction, and then the default interest due in respect of the delay,

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.

Appendix to Final Resolution ResDH(2001)5

Information provided by the Government of France during the examination of the Union des Athées case by the Committee of Ministers

Act No. 87-571 on the development of sponsorship entitles registered associations such as the applicant association to receive donations. In this way, the Act provided a legal basis for the long-tolerated practice of gifts from hand to hand, thereby reducing the differences between the legal arrangements governing different types of association.

Section 16 of the Act provides that registered associations may “receive gifts from hand to hand, as well as donations from recognised associations”.

Gifts from hand to hand may take the form of cash, cheques, bearer securities, giro transfers, furniture or life-insurance policies. There are no limits to the amount that may be given. Gifts of this kind do not require notarised deeds or official authorisation. The only requirement, according to case-law, is for the relevant funds to have been set aside before the donor's death. For example, the courts have already ruled that a gift of this nature was legitimate if the cheque was intended to be cashed after the death of the drawer, provided that the funds were available (Aix-en-Provence Court of Appeal, 12 March 1987).

The Commission report has been forwarded to the authorities directly concerned and may be consulted on the Council of Europe website (www.dhdirhr.coe.int/hudoc) and the French site Legifrance (www.legifrance.gouv.fr).

Bearing in mind the status in domestic law of the Convention and the Strasbourg organs' case-law (see in particular Cass. Soc. 14 January 1999 Bozkurt, Cass. Civ. 28 April 1998 M. G. and Conseil d'Etat 14 February 1996 Maubleu), the Government of France considers that authorities or courts presented in future with similar problems to that encountered by the applicant association will pursue this progressive interpretation of the law and give full effect to the decision of the Committee of Ministers, taken in the light of the Commission's report on the case.

The Government of France accordingly considers that it has fulfilled its obligations under former Article 32 of the Convention.