CASE OF H. AGAINST FRANCE

Doc ref: 10073/82 • ECHR ID: 001-55485

Document date: March 12, 1990

Doc ref: 10073/82 • ECHR ID: 001-55485

Document date: March 12, 1990

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 H. against France delivered on 24 October 1989 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 21 June 1982

under Article 25 (art. 25) of the Convention by Mr H., a French

national, who complained of the time taken to try an action for

damages against a public hospital in administrative courts and of the

courts' refusal to appoint a medical expert.

Recalling that the case was brought before the Court by the Commission

on 11 May 1988;

Whereas in its judgment of 24 October 1989 the Court:

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

the Convention had been violated in that the Strasbourg

Administrative Court did not hear the applicant's case within a

"reasonable time";

- held, by five votes to two, that there had been no other violation

of that article (art. 6-1), notably as regards the fairness of the

proceedings;

- held, unanimously, that France was to pay the applicant

50 000 French francs in respect of non-pecuniary damage and

40 000 French francs in respect of costs and expenses;

- dismissed unanimously 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

24 October 1989, having regard to its obligation under Article 53

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

Having satisfied itself that the Government of France has paid the

applicant the sums provided for in the judgment,

Declares that it has exercised its functions under Article 54

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

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