Final resolution DH (99) 546

HUMAN RIGHTS

APPLICATION No. 32677/96

KREMER AGAINST FRANCE

(Adopted by the Committee of Ministers on 8 October 1999 at the 680 th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of 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) 266, adopted on 15 April 1999 in the case of Kremer against France, in which the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, of the Convention and to make public the report of the European Commission of Human Rights;

Whereas the Committee of Ministers, after having taken a decision on the violation, received from the Commission a copy of a letter from the applicant's lawyer, dated 30 June 1999, in which he declares that the applicant does not wish to pursue the proceedings;

Taking note that, at this stage of the proceedings, the applicant’s withdrawal only concerns the question of just satisfaction and that therefore it is not necessary to pursue this question;

Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decision of 15 April 1999, having regard to France’s obligation under 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 recalled that measures had already been taken to avoid new violations of the same kind as the one found in this case, notably through a change in the working methods of the Special Pensions Appeals Commission ( Commission spéciale de cassation des pensions ), which has led to a significant increase in productivity (see Resolution DH (98) 361 in the case of Sass against France), and indicated that the Commission’s report as well as the Committee of Ministers’ decisions had been sent out to the authorities directly concerned;

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