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D.T. AGAINST FRANCE

Doc ref: 14911/89 • ECHR ID: 001-49362

Document date: November 9, 1993

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D.T. AGAINST FRANCE

Doc ref: 14911/89 • ECHR ID: 001-49362

Document date: November 9, 1993

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 21 March 1989 by the company D.T. against France

(Application No. 14911/89);

Whereas on 28 November 1991 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 the applicant company complained

of the length of commercial proceedings;

Whereas the Commission declared the application admissible

on 17 April 1991 and in its report adopted on 14 October 1991

expressed unanimously the opinion that there had been a violation

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

Whereas, at the 473rd meeting of the Ministers' Deputies

held on 2 April 1992, 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 company,

proposals supplemented by a letter of the President of the

Commission dated 10 September 1992;

Whereas on 10 November 1992 the Committee of Ministers held,

in accordance with Article 32, paragraph 2 (art. 32-2), of the

Convention, that the Government of France was to pay the

applicant company, within three months, the sum of 1 French franc

in respect of non-pecuniary damage and the sum of 32 400 French

francs in respect of legal fees;

Whereas the Committee of Ministers invited the Government

of France to inform it of the measures taken following its

decisions of 2 April 1992 and 10 November 1992, 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

6 October 1993 the Government of France had paid the applicant

company the sum of 32 401 French francs in respect of 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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