RESOLUTION DH (98) 308

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS

OF 17 DECEMBER 1996

IN THE CASE OF VACHER AGAINST FRANCE

(Adopted by the Committee of Ministers on 25 September 1998, at the 640th 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 Vacher case delivered on 17 December 1996 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 20368/92) against France, lodged with the European Commission of Human Rights on 18 November 1991 under Article 25 of the Convention by Mr Gérard Vacher, a French national, and that the Commission declared admissible the complaint that the applicant had not had a fair hearing as the Cour de cassation had dismissed his appeal on points of law for failure to lodge grounds for appeal, without informing him of the time-limit for filing the pleading;

Recalling that the case was brought before the Court by the Government of the French Republic on 7 August 1995;

Whereas in its judgment of 17 December 1996 the Court:

- held, by six votes to three, that there had been a violation of Article 6 of the Convention ;

- held, unanimously, with respect to the non-pecuniary damage alleged by the applicant that the present judgment in itself constituted sufficient just satisfaction for the purposes of Article 50 of the Convention;

- held, unanimously, that the respondent State was to pay the applicant, within three months, 50 000 French francs for costs and expenses, on which sum simple interests at an annual rate of 6,65% should be payable from the expiry of the above-mentioned three months until settlement ;

- dismissed, unanimously, the remainder of the applicant's claim ;

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 17 December 1996, 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 entry into force, on 2 September 1993, of Law no. 93-1013 of 24 August 1993 (see Resolution DH (97) 395 in the G.N. I case against France) and indicated that the Court's judgment had been published in the B ulletin de la Cour de cassation and sent out to the authorities directly concerned;

Having satisfied itself that on 2 May 1997, the government of the respondent State paid the applicant the sum provided for in the judgment of 17 December 1996, and that the default interest due, that is 419.04 French francs, was paid on 18 May 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.