resolution DH ( ) 293

HUMAN RIGHTS

APPLICATION No. 21881/93

Bertuzzi 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 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 15 May 1996, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 17 February 1993 by a French national, Mr Rémi Bertuzzi against France ;

Whereas on 17 June 1996 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 in pursuance of Art i cle 48 of the Co n vention;

Whereas in his application, as declared admissible by the Commission on 18 October 1995, the applicant complained of the unfairness of certain civil proceedings before the Court of Appeal ;

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 582nd 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 28 January 1997, that there had been in this case a violation of Article 6, par a graph 1, of the Convention ;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 8 October 1997;

Whereas, at the 610 th meeting of the Deputies, the Committee of Ministers, agre e ing with the Commission's proposals, held by a decision adopted on 15 December 1997, in accordance with Article 32, paragraph 2, of the Convention, that the government of the respondent State was to pay the applicant as just satisfaction, within three months, the sum of 30 000 French Francs for all damages taken together, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;

Whereas the Committee of Ministers invited the government of the respondent State to inform it of the measures taken following its decisions of 28 January 1997 and 15 December 1997, 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 indicated that the Commission's report had been sent out to the authorities directly concerned;

Whereas the Committee of Ministers satisfied itself that the government of the respondent State paid the applicant the total sum of 30 000 French Francs as just satisfaction, on 31 March 1998, within one month of the time-limit set, and thus no default interest was due in accordance with the above-mentioned decision of the Committee of Ministers on just satisfaction,

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;

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