On April 29th 1999, the Grand Chamber of the European Court of Human Rights found in judgment Chassagnou and others v. France (25088/94 ; 28331/95 ; 28443/95) a violation of articles 1 of protocol 1 and article 11 in conjunction with article 14 of the Convention because the applicants were forced to belong to a hunting association (ACCA) and to let armed hunters and hunting dogs from this association enter their land.
The Court ruled a violation of article 14 because large land owners could be exempt to belong to the ACCA of their county and in the county with no ACCA, any landowner could refuse armed hunters to enter his property.
On April 25th 2005, the Committee of Ministers adopted resolution (2005)26 after being informed by the agent of the French Republic that the new article L422-10 of the code of environment will prevent new violation of the Convention as a general measure and satisfy the applicants as an individual measure.
On August 9th 2001, Ms. Simone Lasgrezas who was an applicant in judgment Chassagnou and others v. France (25088/94), requested to withdraw from the ACCA. On October 18th 2001, she was informed by the prefect that she won’t be authorized to withdraw from the ACCA before March 8th 2005 under article L422-18 of the code of environment. On October 31th 2002, the administrative tribunal of Bordeaux rejected her appeal. On June 27th 2006, the administrative appeal court of Bordeaux confirmed the judgment. On November 9th 2007, she lost her appeal (296858) to the administrative supreme court (conseil d’état).
On May 29th 2008, N.G.O ASPAS and the applicant filed an application with the E.C.H.R arguing a violation of article 1 of protocol 1, article 11 in conjunction with article 14 under the same ground as in 1994. On September 23th 2009, the application was communicated to the agent of the French government with questions to be answered with 16 weeks. On January 26th 2010, the agent submitted his answers to which the applicants answered (see below). ASPAS and the applicant are advised by Me Gregory Delhomme (Montelimar).
This application raised serious concern not only about the respect by France of article 46-1 of the Convention in the execution of judgment Chassagnou and others v. France but also on the ability of the department for the execution of judgments to verify the truthfulness of statement made by the agent of the French Republic to the Committee of Ministers.
On September 22th 2011, the Court found no violation of article 1P1, 11, 14 of the Convention on the ground the applicant could have withdraw her property from the ACCA…. if she had applied earlier in the year.