LETELLIER v. FRANCE JUDGMENT
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In the Letellier case ,
The European Court of Human Rights, sitting, in accordance with Article
43 (art. 43) of the Convention for the Protection of Human Rights and
Fundamental Freedoms ("the Convention") and the relevant provisions of
the Rules of Court , as a Chamber composed of the following judges:
Mr R. RYSSDAL, President,
Mr Thór VILHJÁLMSSON,
Mr F. MATSCHER,
Mr L.-E. PETTITI,
Mr R. MACDONALD,
Mr R. BERNHARDT,
Mr A. SPIELMANN,
Mr . DE MEYER,
Mr S.K. MARTENS,
and also of Mr M.-A. EISSEN, Registrar, and Mr H. PETZOLD, Deputy
Registrar,
Having deliberated in private on 26 January and 24 May 1991,
Delivers the following judgment, which was adopted on the lastmentioned date:
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PROCEDURE
1. The case was referred to the Court by the European Commission of
Human Rights ("the Commission") on 21 May 1990, within the three-month
period laid down by Article 32 § 1 and Article 47 (art. 32-1, art. 47) of the
Convention. It originated in an application (no. 12369/86) against the
French Republic lodged with the Commission under Article 25 (art. 25) by a
French national, Mrs Monique Letellier, on 21 August 1986.
The Commission’s request referred to Articles 44 and 48 (art. 44, art. 48)
and to the declaration whereby France recognised the compulsory
jurisdiction of the Court (Article 46) (art. 46). The object of the request was
to obtain a decision from the Court as to whether the facts of the case
disclosed a breach by the respondent State of its obligations under Article 5
The case is numbered 29/1990/220/282. The first number is the case's position on the list
of cases referred to the Court in the relevant year (second number). The last two numbers
indicate the case's position on the list of cases referred to the Court since its creation and on
the list of the corresponding originating applications to the Commission.
As amended by Article 11 of Protocol No. 8 (P8-11), which came into force on 1 January
1990.
The amendments to the Rules of Court which came into force on 1 April 1989 are
applicable to this case.
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