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CASE OF ÉDITIONS PÉRISCOPE AGAINST FRANCE

Doc ref: 11760/85 • ECHR ID: 001-55566

Document date: September 21, 1993

Inbound citations: 1
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Cited paragraphs: 0
•
Outbound citations: 0

CASE OF ÉDITIONS PÉRISCOPE AGAINST FRANCE

Doc ref: 11760/85 • ECHR ID: 001-55566

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 Editions Périscope against France delivered

on 26 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

20 September 1985 under Article 25 (art. 25) of the Convention

by a French limited company, Editions Périscope, which complained

of several violations of Article 6, paragraph 1

(art. 6-1), of the Convention, namely that the administrative

courts had not heard its case within a reasonable time, and that

the Conseil d'Etat had not constituted an impartial tribunal,

because two of its members had been involved in the case

previously and because its judgment did not mention the names of

the judges who had participated in the ruling or reproduce, in

the text notified, the summary of the arguments of the parties,

which had appeared in the hand-written version;

Recalling that the case was brought before the Court by the

Commission on 14 December 1990;

Whereas in its judgment of 26 March 1992 the Court

unanimously:

- held that Article 6, paragraph 1 (art. 6-1), of the

Convention applied in this instance and had been violated;

- held that the respondent state was to pay to the

applicant company, within three months, 50 000 French francs for

costs and expenses;

- dismissed the remainder of the claim for just

satisfaction;

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

26 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 on 11 December 1992 the sum provided for in

the judgment of 26 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) 32

Information provided by the Government of France

during the examination of the case of Editions Périscope by

the Committee of Ministers

A very wide distribution has been given to the Court's

judgment in order to prevent the violation found in this case

from happening again in the future.

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