RESOLUTION DH (97) 127

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS

OF 31 JANUARY 1996

IN THE CASE OF FOUQUET MARC AGAINST FRANCE

(Adopted by the Committee of Ministers on 28 January 1997

at the 582nd meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 54 of the Conven ­ tion 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 Fouquet Marc case delivered on 31 January 1996 and transmitted the same day to the Committee of Ministers ;

Recalling that the case originated in an application against France lodged with the European Commission of Human Rights on 15 April 1992 under Article 25 of the Convention by Mr Marc Fouquet, a French national, and that the Commission declared admissible the complaint relating to the fairness of the proceedings, in so far as the Court of Cassation made a mistake of fact in its examination of the first ground raised on appeal to that court ;

Recalling that the case was brought before the Court by the Commission on 8 December 1994 ;

Whereas in its judgment of 31 January 1996 the Court, after having taken formal note of a friendly settlement reached by the Government of France and the applicant and having found that there were no reasons of public policy justifying the continu ­ ation of the proceedings, decided unanimously to strike the case out of its list ;

Whereas under the above ‑ mentioned friendly settlement it was agreed that :

The Government of France will pay the applicant, as soon as the Court has decided to strike the case out of its list, a total sum amounting to 150 000 French francs as full and final reparation for all the pecuniary and non-pecuniary damage as well as costs and expenses ;

Recalling that Rule 49, paragraph 3, of the Rules of the Court provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers in order to allow it to supervise, in accordance with Article 54 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter ;

Having satisfied itself that the Government of France paid the applicant the sum provided for in the friendly settlement,

Declares that it has exercised its functions under Article 54 of the Convention in this case.