PROCEDURE

The case was referred to the Court by the French Government (“the Government“) on 7 August 1995, within the three-month period laid down by Article 32 para. 1 and Article 47 of the Convention (art. 32-1, art. 47). It originated in an application (no. 20368/92) against the French Republic lodged with the European Commission of Human Rights (“the Commission“) under Article 25 (art. 25) by a French national, Mr Gérard Vacher, on 18 November 1991. The Government’s application referred to Articles 44 and 48 (art. 44, art. 48). The object 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 para. 1 of the Convention (art. 6-1).

In response to the enquiry made in accordance with Rule 33 para. 3 (d) of Rules of Court A, the applicant stated that he wished to take part in the proceedings and designated the lawyer who would represent him (Rule 30).

The Chamber to be constituted included ex officio Mr L.-E. Pettiti, the elected judge of French nationality (Article 43 of the Convention) (art. 43), and Mr R. Bernhardt, the Vice-President of the Court (Rule 21 para. 4 (b)). On 5 September 1995, in the presence of the Registrar, the President of the Court, Mr Ryssdal, drew by lot the names of the other seven members, namely Mr C. Russo, Mr J. De Meyer, Mrs E. Palm, Mr A.N. Loizou, Mr A.B. Baka, Mr J. Makarczyk and Mr E. Levits (Article 43 in fine of the Convention and Rule 21 para. 5) (art. 43).

As President of the Chamber (Rule 21 para. 6), Mr Bernhardt, acting through the Registrar, consulted the Agent of the Government, the applicant’s lawyer and the Delegate of the Commission on the organisation of the proceedings (Rules 37 para. 1 and 38). Pursuant to the order made in consequence, the Registrar received the applicant’s memorial on 11 March 1996 and the Government’s memorial on 29 March 1996. On 30 April 1996 the Secretary to the Commission informed the Registrar that the Delegate would submit his observations at the hearing.

On 7 May 1996 the Commission produced the file on the proceedings before it, as requested by the Registrar on the President’s instructions.

In accordance with the President’s decision, the hearing took place in public in the Human Rights Building, Strasbourg, on 24 June 1996. The Court had held a preparatory meeting beforehand. There appeared before the Court:

for the Government Mr J.-F. Dobelle, Deputy Director of Legal Affairs, Ministry of Foreign Affairs, Agent; Mr B. Nedelec, magistrat, on secondment to the Legal Affairs Department, Ministry of Foreign Affairs, Mr G. Bitti, member of the Human Rights Office, European and International Affairs Department, Ministry of Justice, Counsel;

for the Commission Mr J.-C. Soyer, Delegate;

for the applicant Mr M. Ricard, of the Paris Bar, Counsel. The Court heard addresses by Mr Soyer, Mr Ricard and Mr Dobelle, and also their replies to its questions.

AS TO THE FACTS

I. Circumstances of the case

Mr Gérard Vacher, a French national, is a company director and lives at Neuilly-sur-Seine.

On 21 September 1988 the Public Works Department of the département of Hauts-de-Seine lodged a criminal complaint against the applicant alleging offences under the Town Planning Code and, more particularly, that he had built a wall without first obtaining planning permission.

On 9 February 1990 the Nanterre Criminal Court sentenced the applicant to a fine of 8,000 French francs (FRF), payment of which was suspended, and ordered him to alter the wall so that it complied with regulations.

On 23 May 1991, following an appeal brought by Mr Vacher on 16 February 1990 and a subsequent cross-appeal by the prosecution, the Versailles Court of Appeal upheld the judgment of the court below in its entirety and further ordered that the wall should be altered to comply with regulations within a period of four months from the date of its judgment, on penalty of FRF 200 per day’s delay starting at the end of that period. It also ordered the applicant to pay the civil party claiming damages FRF 3,000 in respect of the costs incurred by that party.

On 28 May 1991 Mr Vacher lodged a notice of appeal on points of law against the judgment of the Versailles Court of Appeal with that court’s registry (Article 576 of the Code of Criminal Procedure - see paragraph 13 below). On 19 June 1991 the case file for the appeal was registered by the Court of Cassation registry. On 14 August 1991 the applicant filed a pleading in support of his appeal.

On 3 September 1991 the chief registrar of the Court of Cassation sent Mr Vacher the following letter: “Further to your letter, I have to inform you that the Criminal Division of the Court of Cassation delivered a judgment on 6 August 1991 dismissing your appeal. Consequently, the pleading received from you at the criminal registry on 14 August 1991 will be disregarded as being out of time.“ The judgment in question, which was served on the applicant on 30 October 1995, was based on the following ground: “No ground of appeal has been filed in support of the appeal; the judgment appealed against is in the proper form and the findings of fact, which cannot be appealed against, justify both the classification of the offence and the sentence.“