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Case Law 279522/ 05 (08/02/2007)

Type: Judgment

Authority: National Courts: Supreme Courts (France) - Conseil d'Etat

Date: 02/08/2007

Subject: Compensation for damages following violation of ECHR. The Council of State, partially admitting the claim of the complainant, has expressed important principles about the concept of responsibility of the State towards citizens, also in cases deriving or connected to the respect of international commitments, such as the European Convention of Human Rights and Fundamental Freedoms; about the concept of legitimate consequences of the succession of norms; about the concept of compliance with incidental judgements issued by the same Council of State; about the concept of “commanding reasons of general interest” which could justify the adoption of administrative detrimental measures against those who have already opposed themselves to them, like in this case. Therefore, according to art. 6 par. 1 of the ECHR, the Council of State has partially quashed the decision 19.1.2005 of the Administrative Court of Paris, because the Court made a “mistake of law” by ignoring that “the State cannot, without violating international commitments, violate the right of every person to a fair trial, by taking, during a trial, retroactive legislative measures which imply the confirmation of decisions which are the subject of the said trial, unless such measures are justified by commanding reasons of general interest”; in this specific case there are no such reasons, in view of the financial equilibrium of the retirement fund of surgeon – dentists, having ruled that the additional contributions demanded of the complainant were not owed. The Council of State has awarded a compensation for the complainant – to be paid by the State through the Ministry of Health and Social Security.

Parties: M. X. c/ France

Original language: French

Classification: Equality - Art. 20 Equality - Solidarity - Art. 34 Social security - Social benefits - Citizens’ rights - Art. 41 Right to good administration by the bodies of the union - Justice - Art. 47 Right to an effective remedy before a tribunal - Fair trial, public hearing - General provisions - Art. 51 Scope

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