INTERIM RESOLUTION DH (97) 476

HUMAN RIGHTS APPLICATION No. 14635/89 UNION DES ATHEES AGAINST FRANCE

(Adopted by the Committee of Ministers on 17 September 1997 at the 599th 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 July 1994 by the European Commission of Human Rights, in accordance with Article 31 of the Convention, relating to the application lodged on 28 October 1988 by the Association Union des Athées against France (Application No. 14635/89);

Whereas on 1 August 1994 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 its application, declared admissible by the Commission on 6 January 1993, the applicant complained of a breach of its right to a peaceful enjoyment of its possessions, of a breach of its right to freedom of association and of a discriminatory treatment in that it was not allowed to receive a legacy;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been in this case no violation of Article 1 of Protocol No. 1 and of Article 14 of the Convention in conjunction with Article 1 of Protocol No. 1; by twenty-three votes to three, that there had been no violation of Article 11 of the Convention and, by twenty-two votes to four, that there had been a violation of Article 14 in conjunction with Article 11 of the Convention;

Whereas, at the 539th 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 7 June 1995, that there had been a violation of Article 14 combined with Article 11 of the Convention; that there had been no violation of Article 1 of Protocol No. 1; that there had been no violation of Article 14 of the Convention combined with Article 1 of Protocol No. 1 and that there had been no violation of Article 11 of the Convention

; Authorises the publication of the report adopted by the Commission in this case,

Decides to pursue the examination of the present case, in accordance with Article 32 of the Convention with a view to adopting the final resolution.