RESOLUTION DH (98) 87

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 18 MARCH 1997 IN THE CASE OF MANTOVANELLI AGAINST FRANCE

(Adopted by the Committee of Ministers on 22 April 1998 at the 626th 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 Mantovanelli case delivered on 18 March 1997 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 21497/93) against France, lodged with the European Commission of Human Rights on 26 February 1993 under Article 25 of the Convention by Mr Mario Mantovanelli and Ms Andrée Mantovanelli, two French nationals, and that the Commission declared admissible the complaint that an expert medical report ordered by an administrative court had not been prepared in accordance with adversarial principle;

Recalling that the case was brought before the Court by the Commission on 22 January 1996;

Whereas in its judgment of 18 March 1997 the Court:

_ held, by five votes to four, that there had been a breach of Article 6, paragraph 1, of the Convention;

_ held, unanimously, that the present judgment constituted in itself sufficient just satisfaction as regards the alleged non-pecuniary damage;

_ held , unanimously, that the respondent State was to pay the applicants, within three months, 25 000 French francs in respect of costs and expenses, on which sum simple interest at an annual rate of 3.87% should be payable from the expiry of the above-mentioned three months until settlement;

_ dismissed, unanimously, 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 18 March 1997, 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 gave the Committee information about the measures taken preventing new violations of the same kind as that found in the present judgment; i.e. that the judgment of the Court had been partially published and commented in the Gazette du Palais of 24-25 October 1997;

Having satisfied itself that on 28 July 1997 the Government of the respondent State paid the applicants the sum provided for in the judgment of 18 March 1997 and that the default interest due, 107.53 French francs, was paid,

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.