CEDH · CASELAW;CLIN;ENG — 26 avril 1994

.s3ABFC313 { font-size:10pt } .sD4B5322E { margin-top:12pt; margin-bottom:12pt; text-align:justify } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s85F2E5C5 { width:30.44pt; display:inline-block } .s6863D229 { width:26pt; display:inline-block } .s90A93616 { width:27.66pt; display:inline-block } .sBDAE81C4 { width:27.67pt; display:inline-block } .s8B6C6D43 { margin-top:0pt; margin-bottom:0pt; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. April 1994 Vallée v. France - 22121/93 Judgment 26.4.1994 Article 6 Article 6-1 Reasonable time Length of compensation proceedings brought by haemophiliac infected with AIDS virus following blood transfusions: violation [This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.] I.   ARTICLE 6 § 1 OF THE CONVENTION A.   Applicability Not disputed. B.   Compliance 1.   Period to be taken into consideration Starting-point: preliminary claim filed with Minister for Solidarity, Health and Social Protection. End: proceedings still pending. Total: already more than four years. 2.   Relevant criteria Reasonableness of length of proceedings - to be assessed in light of circumstances of case and having regard to the criteria laid down in Court's case-law. Complexity of the case: case of some complexity, but the information necessary to resolve issue of State's liability had been available for a long time - problems raised by existence of two parallel sets of proceedings could not justify length of proceedings. Applicant's conduct: court's request for supporting documents made twenty-two months after proceedings had been instituted - Government had not accused applicant of any delay in producing the relevant documents. Conduct of the national authorities: (i) administrative authorities: slowness of Minister in submitting replies and statements in defence - period between publication of Act of 31 December 1991 and implementing decree of 12   July 1993 had been unacceptably long; (ii) administrative courts: crucial importance of what was at stake for applicant in the proceedings, in view of the incurable disease from which he was suffering and his reduced life expectancy; situation calling for exceptional diligence, notwithstanding number of cases pending - controversy the facts of which had been known to Government for several years and seriousness of which must have been obvious to them - yet Administrative Court had not used its powers to expedite proceedings - four years to obtain judgment in first-instance proceedings far exceeds reasonable time in such a case - reasonable time already exceeded even before applicant was paid compensation by fund - after that date, what was at stake in proceedings in terms of compensation for both pecuniary and non-pecuniary damage continued to be of great importance. Conclusion : violation (unanimously). II.   ARTICLE 50 OF THE CONVENTION A.   Non-pecuniary damage : claim allowed in part. B.   Costs and expenses : full reimbursement. Conclusion : respondent State to pay specified sums (unanimously).   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes