FIRST SECTION
FINAL DECISION
AS TO THE ADMISSIBILITY OF
Application no. 38884/06
by Andreas GAVRIELIDES and Others
against Cyprus
The European Court of Human Rights (First Section), sitting on 16 October 2008 as a Chamber composed of:
Christos Rozakis, President,
Nina Vajić,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
Søren Nielsen, Section Registrar,
Having regard to the above application lodged on 14 September 2006,
Having regard to the partial decision of 20 September 2007,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,
Having regard to the indication of 13 November 2007 by the United Kingdom Government that they did not wish to exercise their rights to intervene pursuant to Article 36 § 1 of the Convention
Having deliberated, decides as follows:
THE FACTS
The applicants, Mr Andreas Gavrielides, Mr Alexis Gavrielides, Mr Nikos Kannavas, Ms Maria Kannava, Mr Georgios Kannavas, Mr Savvas Kannavas and Ms Elena Kannava were born in 1951, 1975, 1936, 1943, 1969, 1972 and 1978 respectively. The second applicant is a British national and lives in London. The remaining applicants are all Cypriot nationals. The first applicant lives in Nicosia and the other applicants in Limassol. The applicants, apart from the second applicant, represented themselves before the Court. The second applicant was represented by the first applicant. The respondent Government were represented by Mr P. Clerides, Attorney-General of the Republic of Cyprus.
The facts of the case, as submitted by the parties, may be summarised as follows.
All the applicants, apart from the fourth applicant, are the owners of property in the coastal area of Limassol.
On 22 November 2001 the first five applicants (hereinafter “the plaintiffs”) brought a civil action before the District Court of Limassol for unlawful trespass on the above property (action no. 8000/01; Andreas Gavrielides, Alexis Gavrielides, Nikos Kannavas, Maria Kannava and George Kannavas as administrators of the estate of Mr Andreas Kannavas v. Ayios Tychonas Local Authority, Medcon Construction Ltd and the Republic of Cyprus). On the same date they also filed an application for a court order to restrain the defendants from trespassing on their property pending final determination of the action.
At the time the action was brought the first, second and third applicants had one-quarter share each in the property in question. The remaining share was owned by Mr Andreas Kannavas who had died in 1995. The fourth and fifth applicants brought the action as administrators of his estate. Subsequently, on 15 September 2003, during the proceedings, the fifth, sixth and seventh applicants also became registered owners of the property (their share being equivalent to one-twelfth each).
On 28 November 2001 the plaintiffs requested leave to serve the application of 22 November 2001. The court fixed the application for hearing on 7 December 2001. On that date, at the defendants' request, the hearing of the application was adjourned and set for directions on 20 December 2001. The plaintiffs' lawyer did not object.
On 10 and 11 December 2001 the first and third defendants filed their appearance respectively.
On 20 December 2001 the plaintiffs' lawyer requested a hearing date for the application and the defendants requested additional time for filing their opposition. The court fixed the hearing for 29 January 2002.
On the latter date the plaintiffs' lawyer requested an adjournment in view of efforts to reach a settlement. This was granted and the application was adjourned until 18 February 2002. On that date the plaintiffs withdrew the application.
In the meantime, on 25 January 2002, the second defendant filed an appearance.
On 22 March 2002 the first defendant filed its defence.
On 18 November 2003 the Registrar sent a notice to the third defendant requiring it to file its defence within fourteen days otherwise a judgment might be issued in the plaintiffs' favour.
On 3 December 2003 the third defendant filed its defence.
On 18 December 2003 the first defendant filed an application for dismissal of the action for want of prosecution on the ground that the plaintiffs had not applied to the court for a hearing date.
On 28 January 2004 the court fixed the application for service on 11 April 2004.
On 9 February 2004 the plaintiffs filed their reply.
On 11 February 2004 the first defendant withdrew its application of 18 December 2003.
On 20 July 2005 notice was given by the Registrar to the plaintiffs requiring them to apply to the court within fourteen days to schedule the case for hearing otherwise the action would be dismissed for want of prosecution.
On 28 July 2005 the first defendant filed an application for dismissal of the action for want of prosecution on the part of the plaintiffs. On 4 October 2005 the application was fixed for directions on 21 October 2005.
On 6 October 2005 the plaintiffs applied for judgment against the second defendant who had not yet filed its defence. This was fixed for directions on 2 November 2005.
In the meanwhile, on 21 October 2005, the first defendant withdrew its application of 28 July 2005.
On 2 November 2005 the plaintiffs' application was fixed for directions on 25 November 2005. The second defendant requested additional time in order to file its defence. The plaintiffs' lawyer did not object.
The second defendant filed its defence on 23 November 2005.
On 25 November 2005 the plaintiffs withdrew their application of 6 October 2005.
On 14 March 2006 notice was given by the Registrar to the plaintiffs requiring them to apply to the court to schedule the case for a hearing within fourteen days otherwise the action could be dismissed for want of prosecution.
On 15 March 2006 the plaintiffs applied to the court for a hearing date.
The action came before the court for directions on 7 April 2006.
On the above date the plaintiffs' lawyers requested an adjournment to enable the parties to discuss the case. The defendants all agreed with this request. The action was fixed for directions on 12 May 2006. On tha
