CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 15 décembre 1995

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }       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 6 January 1988 by Mr René Desilles against France (Application No. 15948/90);        Whereas on 17 January 1994 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 his application, as declared admissible by the Commission on 8 January 1993, the applicant complained of the excessive length of certain "civil" proceedings before administrative courts;        Whereas in its report adopted on 1 December 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 514th meeting of the Ministers' Deputies held on 9 June 1994, 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 9 December 1994;        Whereas, at the 527th meeting of the Deputies held on 7 February 1995, 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 as just satisfaction, within three months, 50 000 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 9 June 1994 and 7 February 1995, having regard to France's obligation under Article 32, paragraph 4 (art. 32-4), of the Convention to abide by them;        Whereas, during the examination of the case by the Committee of Ministers, the Government of France recalled that measures already had been taken to prevent the violation such as was found in this case, notably through the setting up of administrative courts of appeal, the redefinition of the Conseil d'Etat's competences, the increase of personnel and material in order to speed up administrative proceedings (see Resolution DH (95) 254 in the case of Beaumartin against France);        Whereas the Committee of Ministers satisfied itself that on 24 July 1995 the Government of France paid the applicant the total sum of 50 000 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.