Resolution CM/ResDH(2017)334
Execution of the judgment of the European Court of Human Rights
Capital Bank AD against Bulgaria
(Adopted by the Committee of Ministers on 17 October 2017
at the 1297th meeting of the Ministers' Deputies)
Application No.
Case
Judgment of
Final on
49429/99
CAPITAL BANK AD
24/11/2005
24/02/2006
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),
Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violations established concerning the unfairness of insolvency proceedings due to the limited scope of judicial review of a decision to withdraw the applicant’s bank’s license and to the lack of proper representation of the bank (violation of Article 6, paragraph 1), as well as the lack of adequate guarantees against an arbitrary interference with the applicant bank’s possessions in this context (violation of Article 1 of Protocol 1);
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment, and in particular the information on legislative reforms adopted after the judgment of the European Court introducing, inter alia, a direct judicial review of decisions to withdraw the license of a bank, as well as the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2017)1116);
Having noted that the outstanding questions concerning the additional general measures which need to be adopted, in the light of recent developments in domestic judicial practice, to prevent new similar violations are entirely taken up in the International bank for Commerce and Development AD and others case, which remains under the supervision of the Committee;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.
Full & Egal Universal Law Academy