CASE OF DEMAI AGAINST FRANCE

Doc ref: 22904/93 • ECHR ID: 001-55672

Document date: January 11, 1995

Doc ref: 22904/93 • ECHR ID: 001-55672

Document date: January 11, 1995

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention 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 case of Demai against France delivered on

28 October 1994 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 October 1993 under Article 25 (art. 25) of the Convention by

Mr Christian Demai, a French national, and that the Commission

declared admissible the complaint of the excessive length of

compensation proceedings brought by the applicant, a haemophiliac

infected with the Aids virus following blood transfusions;

Recalling that the case was brought before the Court by the

Commission on 7 July 1994;

Whereas in its judgment of 28 October 1994 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 continuation 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 to the applicant,

within one month, a compensation of 200 000 French francs, and the

sum of 23 720 French francs in respect of costs and expenses

incurred before the European Commission and Court of Human Rights;

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 (art. 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 on 19 December 1994 at the latest

the Government of France paid the applicant the sums provided for

in the friendly settlement,

Declares that it has exercised its functions under Article 54

(art. 54) of the Convention in this case.

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