RESOLUTION DH (97) 519

HUMAN RIGHTS APPLICATION No. 23666/94 DUCLOS IV AGAINST FRANCE

(Adopted by the Committee of Ministers on 29 October 1997 at the 605th 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 April 1997 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 26 September 1993 by Mr Alain Duclos against France (Application No. 23666/94);

Whereas on 16 May 1997 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 his application, as declared admissible by the Commission on 16 October 1996, the applicant complained of the excessive length of three proceedings concerning "civil rights and obligations" before the ordinary courts;

Whereas in its report adopted on 15 April 1997, the Commission expressed, by twelve votes to three, the opinion that there had been no violation of Article 6, paragraph 1, of the Convention as regards the divorce proceedings, and, unanimously, that there had been no violation of Article 6, paragraph 1, of the Convention as regards the two other proceedings concerning provisional measures;

Whereas, at the 605th 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 29 October 1997, that there had not been in this case any violation of Article 6, paragraph 1, of the Convention,

Declares 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.