RESOLUTION DH (97) 563

HUMAN RIGHTS APPLICATION No. 19862/92 DELGADO AGAINST FRANCE

(Adopted by the Committee of Ministers on 15 December 1997 at the 610th 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 6 September 1995, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 7 January 1992 by Ms Yvonne Delgado against France (Application No. 19862/92);

Whereas on 7 November 1995 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 Article 48 of the Convention;

Whereas in her application, declared admissible by the Commission on 29 June 1994, the applicant complained of the excessive length of certain proceedings concerning civil rights and obligations before the administrative courts;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6 of the Convention;

Whereas, at the 559th 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 decision adopted on 22 March 1996, that there had been in this case a violation of Article 6, paragraph 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 20 May 1996;

Whereas, at the 571st meeting of the Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held, by decision adopted on 13 September 1996, in accordance with Article 32, paragraph 2, of the Convention, that the Government of France was to pay the applicant as just satisfaction, within three months, 100 000 French francs in respect of non-pecuniary damage 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 France to inform it of the measures taken following its decisions of 22 March 1996 and 13 September 1996, 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 France 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 against France), and 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 20 January 1997, the Government of France paid the applicant the total sum of 100 000 French Francs as just satisfaction, with a delay of one month and thus default interest was due in accordance with the above-mentioned decisions of the Committee of Ministers concerning the modalities of default interest payment;

Whereas the Committee of Ministers satisfied itself that on 15 November 1997, the Government of France paid the applicant the default interest due

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;

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