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SCI DE BOUMOIS AGAINST FRANCE

Doc ref: 17078/90 • ECHR ID: 001-49524

Document date: January 11, 1995

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Cited paragraphs: 0
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SCI DE BOUMOIS AGAINST FRANCE

Doc ref: 17078/90 • ECHR ID: 001-49524

Document date: January 11, 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 28 March 1990 by a building company SCI de Boumois against

France (Application No. 17078/90);

Whereas on 10 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 its application, declared admissible by the

Commission on 13 February 1992, the applicant company complained

of the excessive length of an administrative procedure concerning

the annulment of an order of the local authority requiring the

applicant company to suspend work which it had commenced after

having received a permit from the local authorities;

Whereas in its report adopted on 31 March 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 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 company 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 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 on

14 November 1994 at the latest the Government of France paid the

applicant company 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.

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