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INTERIM resolution DH (99) 353

HUMAN RIGHTS

APPLICATION No. 26242/95

LEMOINE AGAINST FRANCE

(Adopted by the Committee of Ministers on 9 June 1999 at the 672nd 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 the report drawn up on 1 July 1998, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the applic a tion lodged on 19 September 1994 by a French national, Mr Pierre Lemoine, against France;

Whereas on 31 July 1998 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, par a graph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Art i cle 48 of the Convention;

Whereas in his application, as declared admissible by the Commission on 2 July 1997, the applicant complained of an infringement to his right to the peaceful enjoyment of his possessions in the context of certain tax proceedings;

Whereas in its report the Commission expressed, by thirteen votes to one, the opinion that there had been a violation of Article 1 of Protocol No. 1;

Whereas, at the 672nd 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 9 June 1999, that there had been in this case a violation of Article 1 of Protocol No. 1 to 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.