FINAL RESOLUTION DH (98) 65

HUMAN RIGHTS

APPLICATION No. 23313/94

ERBS 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 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH (97) 362, adopted on 11 July 1997 in the case of Erbs against France, in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1, of the Convention and to make public the report of the European Commission of Human Rights;

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 25 April 1997;

Whereas, at the 599th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held, by a decision adopted on 17 September 1997, in accordance with Article 32, paragraph 2, of the Convention, that the respondent Government was to pay the applicant as just satisfaction, within three months, 40 000 French francs in respect of non-pecuniary damage and 5 000 French francs in respect of costs and expenses, namely a total sum of 45 000 French francs and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay (in accordance with the decision adopted by the Committee of Ministers at its 599th meeting (17 September 1997) on the general principles regarding the payment of default interest) 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 11 July and 17 September 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 as well as the Committee of Ministers’ decisions had been sent out to the authorities directly concerned;

Whereas the Committee of Ministers satisfied itself that on 29 October 1997, within the time-limit set, the Government of the respondent State paid the applicant the total sum of 45 000 French francs as just satisfaction,

Declares, having taken note of the measures taken by the Government of France, that it has exercised its functions under Article 32 of the Convention in this case.