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PETIT AGAINST FRANCE

Doc ref: 16980/90 • ECHR ID: 001-49587

Document date: February 7, 1995

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Cited paragraphs: 0
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PETIT AGAINST FRANCE

Doc ref: 16980/90 • ECHR ID: 001-49587

Document date: February 7, 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

23 April 1990 by Mr James Petit against France

(Application No. 16980/90);

Whereas on 7 May 1993 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, declared partly admissible by the

Commission on 7 July 1992, the applicant complained of the

excessive length of certain civil proceedings for damages following

his dismissal;

Whereas in its report adopted on 31 March 1993, the Commission

expressed, by eight votes to one, the opinion that there had been

a violation of Article 6, paragraph 1 (art. 6-1), of the

Convention;

Whereas, at the 499th meeting of the Ministers' Deputies, held

on 15 October 1993, 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 15 April 1994;

Whereas, at the 514th meeting of the Deputies, held on

9 June 1994, 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, 15 000 French francs in respect of

non-pecuniary damage and 33 720 French francs in respect of

costs and expenses, that is a total sum of 48 720 French francs;

Whereas the Committee of Ministers invited the Government of

France to inform it of the measures taken following its decisions

of 15 October 1993 and 9 June 1994, having regard to France's

obligation under Article 32, paragraph 4 (art. 32-4), of the

Convention to abide by them;

Whereas the Committee of Ministers satisfied itself that,

within the time limit set, the Government of France paid the

applicant the total sum of 48 720 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.

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