FRESSOZ AND ROIRE v. FRANCE JUDGMENT
2
French Republic lodged with the Commission under former Article 25 by
two French nationals, Mr Roger Fressoz and Mr Claude Roire, on 3 August
1995.
The Commission's request referred to former Articles 44 and 48 and to
the declaration whereby France recognised the compulsory jurisdiction of
the Court (former Article 46); the Government's application referred to
former Article 48. The object of the request and of the application was to
obtain a decision as to whether the facts of the case disclosed a breach by
the respondent State of its obligations under Article 6 § 2 and Article 10 of
the Convention.
2. In response to the enquiry made in accordance with Rule 33 § 3 (d) of
former Rules of Court A1, the applicants stated that they wished to take part
in the proceedings and designated the lawyer who would represent them
(former Rule 30).
3. As President of the Chamber which had originally been constituted
(former Article 43 of the Convention and former Rule 21) in order to deal,
in particular, with procedural matters that might arise before the entry into
force of Protocol No. 11, Mr R. Bernhardt, the President of the Court at the
time, acting through the Registrar, consulted the Agent of the Government,
the applicants' lawyer and the Delegate of the Commission on the
organisation of the written procedure. Pursuant to the order made in
consequence, the Registrar received the Government's and the applicants'
memorials on 10 and 27 July 1998 respectively. On 24 August 1998 the
Delegate of the Commission submitted written observations.
4. On 16 October 1998 the Commission produced the file on the
proceedings before it, as requested by the Registrar on the President's
instructions.
5. After the entry into force of Protocol No. 11 on 1 November 1998 and
in accordance with the provisions of Article 5 § 5 thereof, the case was
referred to the Grand Chamber of the Court. The Grand Chamber included
ex officio Mr J.-P. Costa, the judge elected in respect of France (Article 27
§ 2 of the Convention and Rule 24 § 4 of the Rules of Court),
Mr L. Wildhaber, the President of the Court, Mrs E. Palm, Vice-President of
the Court, and Mr M. Fischbach, Vice-President of Section (Article 27 § 3
of the Convention and Rule 24 §§ 3 and 5 (a)). The other members
appointed to complete the Grand Chamber were Mr L. Caflisch,
Mr J. Makarczyk, Mrs V. Strážnická, Mr W. Fuhrmann, Mr K. Jungwiert,
Mrs N. Vajić, Mrs W. Thomassen, Mrs M. Tsatsa-Nikolovska,
1. Note by the Registry. Rules of Court A applied to all cases referred to the Court before
the entry into force of Protocol No. 9 (1 October 1994) and from then until 31 October
1998 only to cases concerning States not bound by that Protocol.