CEDHCASELAW;RESOLUTIONS;EXECUTION;ENG17
CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 21 septembre 1993
- ECLI
- ECLI:CEDH:001-55567
- Date
- 21 septembre 1993
- Publication
- 21 septembre 1993
droits fondamentauxCEDH
Source : DILA / Judilibre · open data
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version préliminaireFaits
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Question juridique
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Solution
source officielleInformation given by the government concerning measures taken to prevent new violations. Payment of the sums provided for in the judgment.
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Texte intégral
.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 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.  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;RESOLUTIONS;EXECUTION;ENG
- Formation
- 17
- Date
- 21 septembre 1993
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-55567
Données disponibles
- Texte intégral