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CASE OF X. AGAINST FRANCE

Doc ref: 18020/91 • ECHR ID: 001-55567

Document date: September 21, 1993

Inbound citations: 3
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Cited paragraphs: 0
•
Outbound citations: 0

CASE OF X. AGAINST FRANCE

Doc ref: 18020/91 • ECHR ID: 001-55567

Document date: September 21, 1993

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 X. against France delivered on 31 March 1992

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

19 February 1991 under Article 25 (art. 25) of the Convention by

Mr. X., a French national, who complained of the excessive length

of compensation proceedings before the administrative authorities

and then before the administrative courts;

Recalling that the case was brought before the Court by the

Commission on 18 October 1991;

Whereas in its judgment of 31 March 1992 the Court

unanimously:

- held that there had been a violation of Article 6,

paragraph 1 (art. 6-1);

- held that the respondent state was to pay to the applicant's

parents, within three months, 150 000 French francs for damage and

30 000 French francs for costs and expenses;

Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of the

Convention;

Having invited the Government of France to inform it of the

measures which had been taken in consequence of the judgment of

31 March 1992, having regard to its obligation under Article 53

(art. 53) of the Convention to abide by it;

Whereas, during the examination of the case by the Committee

of Ministers, the Government of France gave the Committee

information about the measures taken in consequence of the

judgment, which information appears in the appendix to this

resolution;

Having satisfied itself that the Government of France has paid

the applicant's parents the sums provided for in the judgment of

31 March 1992,

Declares, after having taken note of the information supplied

by the Government of France, that it has exercised its functions

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

Appendix to Resolution DH (93) 33

Information provided by the Government of France

during the examination of the case of X. against France

by the Committee of Ministers

By 17 May 1993, 424 cases had been brought against the state

by haemophiliacs infected with the HIV virus with a view to

obtaining compensation for damage sustained as a result of the

delay on the part of the authorities in introducing adequate

regulations on the provision of blood products.

In a very large majority (347) of these 424 cases, judgments

have already been rendered. Compensation has been awarded in 23 of

these judgments whilst the claim has been rejected in the other

judgments. For the remaining 77 cases which are still pending, the

situation is as follows: 59 cases are awaiting supplementary expert

evidence and the other 18 cases were brought at the end of 1992 or

at the beginning of 1993.

Of the total of the 424 cases, 96 appeals have been made

against a first instance ruling, 82 of them having been made in

1992 and 14 in 1993. In 47 of these appeals, judgment has been

rendered whilst the remaining 49 are still awaiting judgment, due

to be given before the end of 1993.

The sums awarded by the Court for just satisfaction had been

paid on 20 July 1992.

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