INTERIM resolution DH (99) 556

HUMAN RIGHTS

APPLICATION No. 25971/94

SOCIÉTÉ PROMA DI FRANCO GIANOTTI AGAINST FRANCE

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

The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of H u man Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the report drawn up on 1 March 1999 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 9 May 1994 by a company established under Italian law, the Société Proma di Franco Gianotti, against France;

Whereas on 3 May 1999 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights  pursuant to Art i cle 48 of the Co n vention;

Whereas in its application, as declared admissible by the Commission on 15 September 1997, the applicant company complained that it had not had a fair hearing before a court of appeal which had refused a request for postponement of the hearing and had examined the case on the merits without having invited the applicant company to submit its conclusions concerning the merits, while the latter had received a verbal assurance that only the question of jurisdiction would be dealt with;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been  a violation of Article 6, paragraph 1, of the Co n vention;

Whereas at the 680th meeting of the Ministers’ Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 8 October 1999, that there had been in this case a violation of Article 6, par a graph 1, of the Convention,

Authorises the publication of the report adopted by the Commission in this case;

Decides to pursue the examination of the present case, in accordance with Art i cle 32 of the Co n vention with a view to adopting the final resolution.