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T.T. AGAINST FRANCE

Doc ref: 19043/91 • ECHR ID: 001-51680

Document date: March 22, 1996

  • Inbound citations: 0
  • Cited paragraphs: 0
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T.T. AGAINST FRANCE

Doc ref: 19043/91 • ECHR ID: 001-51680

Document date: March 22, 1996

Cited paragraphs only



The Committee of Ministers, under the terms of Article 32 (art. 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 by the European Commission of Human

Rights in accordance with Article 31 (art. 31) of the Convention relating to the

application lodged on

12 January by Mr T. T. against France (Application No. 19043/91);

Whereas on 14 October 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 (art. 32-1), of the Convention has elapsed without

the case having been brought before the European Court of Human Rights in

pursuance of Article 48 (art. 48) of the Convention;

Whereas in his application, as declared admissible by the Commission on 12

January 1994, the applicant complained of the excessive length of certain civil

proceedings;

Whereas in its report adopted on 31 August 1994 the Commission expressed,

unanimously, the opinion that there had been a violation of Article 6, paragraph

1 (art. 6-1), of the Convention;

Whereas, at the 527th meeting of the Ministers' Deputies held on 7

February 1995, the Committee of Ministers, agreeing with the opinion expressed

by the Commission, held, having voted in accordance with the provisions of

Article 32, paragraph 1

(art. 32-1), of the Convention, that there had been in this case a violation of

Article 6, paragraph 1 (art. 6-1), 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 26 May 1995;

Whereas, at the 542nd meeting of the Deputies held on

7 September 1995, the Committee of Ministers decided, in accordance with Article

32, paragraph 2 (art. 32-2), of the Convention, that the Government of France

was to pay the applicant as just satisfaction, within three months, 30 000

French francs in respect of non-pecuniary damage;

Whereas the Committee of Ministers invited the Government of France to

inform it of the measures taken following its decisions of 7 February 1995 and 7

September 1995, having regard to France's obligation under Article 32, paragraph

4 (art. 32-4), 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;

Whereas the Committee of Ministers satisfied itself that

on 29 February 1996, the Government of France paid the applicant the total sum

of 30 000 French francs as just satisfaction,

Declares, having taken note of the measures taken by the Government of

France, that it has exercised its functions under Article 32 (art. 32) of the

Convention in this case;

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

case.

Appendix to Resolution DH (96) 91

Information provided by the Government of France

during the examination of the case of T. T.

by the Committee of Ministers

The report of the Commission has been distributed to the relevant 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 violations similar to that found in the present case.

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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