CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 25 juin 1996

.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 } .s23A41E03 { width:36pt; display:inline-block }    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 on 29 June 1994 by the European Commission of Human Rights in accordance with Article 31 (art. 31) of the Convention relating to the application lodged on 28 January 1991 by Mr Pierre Aupiais against France (Application No. 18095/91);     Whereas on 10 August 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 1 September 1993, the applicant complained of the excessive length of certain "civil" proceedings before administrative courts and the Conseil d'Etat;     Whereas in its report 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 522nd meeting of the Ministers' Deputies held on 6 December 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 7 July 1995;     Whereas, at the 542nd meeting of the Deputies held on 7 September 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 and 5 000 French francs in respect of costs incurred before the Conseil d'Etat, namely a total sum of 55 000 French francs;     Whereas the Committee of Ministers invited the Government of France to inform it of the measures taken following its decisions of 6 December 1994 and 7 September 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 found in this case, notably through the setting up of administrative courts of appeal, the redefinition of the Conseil d'Etat's competencies, the increase of personnel and material in order to speed up the administrative proceedings (see Resolution DH (95) 254 in the case of Beaumartin against France);     Whereas the Committee of Ministers satisfied itself that the Government of France paid the applicant the total sum of 55 000 French francs as just satisfaction, payment confirmed by the applicant by letter of 24 May 1996,     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.