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DESILLES AGAINST FRANCE

Doc ref: 15948/90 • ECHR ID: 001-49681

Document date: December 15, 1995

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DESILLES AGAINST FRANCE

Doc ref: 15948/90 • ECHR ID: 001-49681

Document date: December 15, 1995

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

6 January 1988 by Mr René Desilles against France

(Application No. 15948/90);

Whereas on 17 January 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 8 January 1993, the applicant complained of the

excessive length of certain "civil" proceedings before

administrative courts;

Whereas in its report adopted on 1 December 1993, 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 514th meeting of the Ministers' Deputies held

on 9 June 1994, 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

9 December 1994;

Whereas, at the 527th meeting of the Deputies held

on 7 February 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, 50 000 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 9 June 1994 and 7 February 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 recalled that measures

already had been taken to prevent the violation such as was found

in this case, notably through the setting up of administrative

courts of appeal, the redefinition of the Conseil d'Etat's

competences, the increase of personnel and material in order to

speed up administrative proceedings (see Resolution DH (95) 254 in

the case of Beaumartin against France);

Whereas the Committee of Ministers satisfied itself that

on 24 July 1995 the Government of France paid the applicant the

total sum of 50 000 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.

LEXI

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