CEDH · PRESS;HEARINGS;ENG — 11 octobre 2000

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s94935B0F { width:389.85pt; display:inline-block } .sBB9EE52A { font-family:Arial } .sA36B60A1 { font-family:Arial; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sD35C6159 { width:1.54pt; display:inline-block } .s38DD6A04 { width:18.2pt; display:inline-block } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .sB4D5CB4E { width:4.94pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } .s85226119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:10pt } EUROPEAN COURT OF HUMAN RIGHTS     712   11.10.2000   Press release issued by the Registrar   HEARING IN THE CASE OF KRESS v. FRANCE   Wednesday, 11 October 2000 at 9 a.m.   The applicant   The case concerns an application brought by Marlène Kress, a French national who was born in 1951 and lives in Strasbourg.   Summary of the facts   In 1986 the applicant underwent a gynaecological operation under a general anaesthetic in Strasbourg Hospital. In the days that followed she suffered vascular complications resulting in 90% disability and was scalded on one shoulder by a cup of very hot tea that was upset.   On an urgent application for an expert to be appointed to give an opinion, the President of the Strasbourg Administrative Court appointed a doctor, who found no medical malpractice.   In August 1987 the applicant applied to the Administrative Court, seeking compensation from the hospital for the injuries she had suffered. In May 1990 the Administrative Court ordered a fresh expert opinion, and in September 1991 it delivered its judgment, in which it awarded compensation only for the injury resulting from the scald to the shoulder.   In April 1993 the Nancy Administrative Court of Appeal dismissed an appeal by the applicant. She appealed on points of law to the Conseil d’Etat . She was not informed of the submissions of the Government Commissioner ( commissaire du Gouvernement ) before he made them at the hearing, and was not entitled to address the court after he had done so. She nevertheless made a final point in a memorandum for the deliberations that was submitted to the court before it gave its ruling. The Conseil d’Etat dismissed the appeal on 30 July 1997.   Complaints   Relying on Article 6 § 1 of the European Convention on Human Rights, the applicant complains of the excessive length of the proceedings; she also complains that she did not have a fair trial because it was impossible to acquaint herself with the Government Commissioner’s submissions before the hearing or to reply to them at the hearing.   Procedure   The application was lodged with the European Commission of Human Rights on 31   December 1997. Under Article 5 § 2 of Protocol No. 11, which came into force on 1   November 1998, the case has been considered since that date by the European Court of Human Rights. On 29 February 2000 a Chamber constituted within the Third Section declared the application admissible and also decided to relinquish jurisdiction in favour of the Grand Chamber.   Composition of the Court   The case will be heard by the Grand Chamber, composed as follows:   Luzius Wildhaber (Swiss), President , Elisabeth Palm (Swedish), Christos Rozakis (Greek), Georg Ress (German), Jean-Paul Costa (French), Benedetto Conforti (Italian), Antonio Pastor Ridruejo (Spanish), Pranas Kūris (Lithuanian), Françoise Tulkens (Belgian), Viera Strážnická (Slovakian), Corneliu Bîrsan (Romanian), Volodymyr Butkevych (Ukrainian), Josep Casadevall (Andorran), Hanne Sophie Greve (Norwegian), Rait Maruste (Estonian), Snejana Botoucharova (Bulgarian), Mindia Ugrekhelidze (Georgian), judges , Jerzy Makarczyk , (Polish), Riza Türmen (Turkish), Matti Pellonpää (Finnish), substitute judges ,   and also Michele de Salvia , Registrar .   Representatives of the parties   Government:   Ronny Abraham , Agent , Pierre Boussaroque , Adviser ,   Applicant:   André Schwab , Counsel .   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: (0)3 88 41 24 92)   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax: (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.