BERNARD JUDGMENT OF 23 APRIL 1998 1 In the case of Bernard v. France1, The European Court of Human Rights, sitting, in accordance with Article 43 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) and the relevant provisions of Rules of Court A2, as a Chamber composed of the following judges: Mr R. BERNHARDT, President, Mr F. GÖLCÜKLÜ, Mr F. MATSCHER, Mr L.-E. PETTITI, Mrs E. PALM, Mr R. PEKKANEN, Mr G. MIFSUD BONNICI, Mr P. JAMBREK, Mr U. LŌHMUS, and also of Mr H. PETZOLD, Registrar, and Mr P.J. MAHONEY, Deputy Registrar, Having deliberated in private on 31 January and 25 March 1998, Delivers the following judgment, which was adopted on the lastmentioned date: PROCEDURE 1. The case was referred to the Court by the European Commission of Human Rights (“the Commission”) on 5 December 1996, within the threemonth period laid down by Article 32 § 1 and Article 47 of the Convention. It originated in an application (no. 22885/93) against the French Republic lodged with the Commission under Article 25 by a French national, Mr Jean-Paul Bernard, on 29 May 1993. The Commission’s request referred to Articles 44 and 48 and to the declaration whereby France recognised the compulsory jurisdiction of the Court (Article 46). The object of the request 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 §§ 1 and 2 of the Convention. Notes by the Registrar 1. The case is numbered 159/1996/778/979. 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. 2. Rules of Court A apply to all cases referred to the Court before the entry into force of Protocol No. 9 (1 October 1994) and thereafter only to cases concerning States not bound by that Protocol. They correspond to the Rules that came into force on 1 January 1983, as amended several times subsequently.