RESOLUTION DH (98) 373

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 23 April 1998 IN THE CASE OF Doustaly AGAINST France

(Adopted by the Committee of Ministers on 12 November 1998 at the 647th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 54 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the judgment of the European Court of Human Rights in the Doustaly case delivered on 23 April 1998 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 26256/95) against France, lodged with the European Commission of Human Rights on 29 December 1994 under Article 25 of the Convention by Mr Doustaly, a French national, and that the Commission declared admissible the complaint of the excessive length of certain proceedings concerning civil rights and obligations before the administrative courts;

Recalling that the case was brought before the Court by the Commission on 23 January 1997;

Whereas in its judgment of 23 April 1998 the Court, unanimously:

- held that there had been a violation of Article 6, paragraph 1, of the Convention;

- held that the respondent State was to pay the applicant, within three months 500 000 French francs in respect of pecuniary damage;

- held, that the respondent State was to pay the applicant, within three months 100 000 French francs in respect of non-pecuniary damage;

- held that the respondent State was to pay the applicant, within three months 40 000 French francs for costs and expenses;

- held that simple interest at an annual rate of 3.36% should be payable on these sums from the expiry of the above-mentionned three months until settlement;

- dismissed the remainder of the claim for just satisfaction;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 of the Convention;

Having invited the government of the respondent State to inform it of the measures which had been taken in consequence of the judgment of 23 April 1998, having regard to France’s obligation under Article 53 of the Convention to abide by it;

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 prevent the repetition of the violation found in this case, notably through the setting up of administrative courts of appeal, the redefinition of the competences of the Conseil d’Etat and the increase of personnel and means in order to speed up the administrative proceedings (see Resolution DH (95) 254 in the case of Beaumartin) and indicated that the Court's judgment had been published in the Bulletin de la Cour de cassation in July 1998 and sent out to the authorities directly concerned;

Having satisfied itself that on 23 July 1998, within the time-limit set, the government of the respondent State paid the applicant the sum provided for in the judgment of 23 April 1998,

Declares, after having taken note of the information supplied by the Government of France, that it has exercised its functions under Article 54 of the Convention in this case.