After 12 years of proceedings, the European Court of Human Rights has ruled against France and overturned the French courts’ decision

✅ The outcome

  • Breach of Article 6(1) of the Convention: the right to be tried within a reasonable time
  • Unanimous decision
  • €36,723.94 awarded to our client: €25,000 for non-pecuniary damage, representing the full amount claimed for his personal suffering, and €11,723.94 in costs, awarded in full
  • The Court ruled against the Strasbourg Court, the Paris Court of Appeal and the Court of Cassation, all of which had refused to recognise that the delay was excessive

📌 The case

Having contracted hepatitis C through blood transfusions, Jean-Marie Suty took legal action in 2005 to seek compensation. He died in 2013, before the conclusion of his trial. His widow and son continued the fight. The proceedings lasted nearly 12 years, 10 of which were spent at first instance.

⚖️ A fight to the very end

The French courts had dismissed the claim against the State, criticising the family for their “procedural choices”. The law firm took the case to Strasbourg. When Mrs Suty also passed away in 2020, her son took over the proceedings, and the Court authorised him to do so.

🏛️ What the Court said

  • Faced with an incurable illness and a reduced life expectancy, the authorities were required to exercise ‘exceptional diligence’
  • The Government’s arguments against the family were dismissed: the delay cannot be attributed to them in a decisive manner
  • The delays were primarily attributable to the authorities: repeated postponements of hearings, the closure of the investigation delayed by five years, and the expert’s report delivered nearly six months late

What this means for you

When justice is slow in coming, it is not inevitable. Even when all the French courts have ruled against you, Strasbourg may rule in your favour.

The applicant was represented by Mr G. Thuan Dit Dieudonné, a solicitor in Strasbourg.
👉 Has your case been dragging on for years? Contact the firm.

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