RESOLUTION DH (97) 118

HUMAN RIGHTS

APPLICATION No. 20469/92

PRIGENT 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 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 29 November 1995 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 6 August 1992 by Mr Robert Prigent against France (Application No. 20469/92) ;

Whereas on 11 January 1996 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 17 May 1995, the applicant complained of the excessive length of certain civil proceedings before civil and administrative courts ;

Whereas in its report the Commission expressed, by twelve votes to one, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention as regards the length of certain civil proceedings and, unanimously, that there had been a violation of Article 6, paragraph 1, of the Convention as regards certain proceedings concerning civil rights and obligations before the administrative court ;

Whereas at the 567th meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, by a decision adopted on 25 June 1996, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, that there had been in this case a violation of Article 6, paragraph 1, of the Convention both before the civil court and before the administrative court ;

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 September 1996 ;

Whereas at the 582nd meeting of the Deputies, the Committee of Ministers held, by a decision adopted on 28 January 1997, in accordance with Article 32, paragraph 2, of the Convention, that no sum of money was to be paid to the applicant as just satisfaction, since the latter had not submitted any specific claim in this respect ;

Whereas the Committee of Ministers invited the Government of France to inform it of the measures taken following its decisions of 25 June 1996 and 28 January 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 France gave the Committee information about the measures taken in consequence of the Committee's decisions, which information appears in the appendix to this resolution,

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.

Appendix to Resolution DH (97) 118

Information provided by the Government of France

during the examination of the case of Prigent

by the Committee of Ministers

The report of the Commission has been distributed to the competent courts, according to a practice established by the Government of France in similar cases.

The government is of the opinion that this practice will prevent the repetition of the kind of violation found in the present case and considers that it has accordingly fulfilled its obligations under Article 32 of the Convention.