Resolution CM/ResDH(2007)5
concerning the judgment of the European Court of Human Rights
of 18 February 1999
in the case of Larkos against Cyprus
(Adopted by the Committee of Ministers on 28 February 2007
at the 987th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to the judgment of the European Court of Human Rights in the Larkos case delivered on 18 February 1999 and transmitted to the Committee of Ministers the same day under Article 46 of the Convention;
Recalling that the case originated in an application (No. 29515/95) against Cyprus, lodged with the European Commission of Human Rights on 21 November 1995 under former Article 25 of the Convention by Mr Xenis Larkos, a Cypriot national, and that the Commission declared admissible the complaint that because the applicant was a tenant of the State, he did not enjoy the protection from eviction after the termination of his lease which the Rent Control Law 1983 gave to persons who rented property from private owners;
Recalling that the case was brought before the Court by the government of the respondent state on 11 May 1998;
Whereas in its judgment of 18 February 1999 the Court, unanimously:
- held that there had been a violation of Article 14 of the Convention in conjunction with Article 8 of the Convention;
- held that it is not necessary to consider the applicant's complaint under Article 14 of the Convention in conjunction with Article 1 of Protocol No. 1 to the Convention;
- held that the government of the respondent state was to pay the applicant, within three months, 3 000 Cyprus pounds in respect of non-pecuniary damage and 5 000 Cyprus pounds in respect of costs and expenses, together with any value-added tax that may be chargeable and that simple interest at an annual rate of 8% shall be payable from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgment of 18 February 1999, having regard to Cyprus's obligation under Article 46, paragraph 1, of the Convention to abide by it;
Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state gave the Committee information about the measures taken preventing new violations of the same kind as that found in the present judgment; this information appears in the appendix to this resolution;
Having satisfied itself that on 14 May 1999, within the time-limit set, the government of the respondent state paid the applicant the sums provided in the judgment of 18 February 1999,
Having examined the measures taken by the respondent state (see Appendix) and considering the decision taken at the 819th meeting of the Ministers' Deputies (December 2002).
Declares that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case, and
DECIDES to close its examination.
Appendix to Resolution CM/ResDH(2007)5
Information provided by the Government of Cyprus
during the examination of the Larkos case
by the Committee of Ministers
The Government of Cyprus indicated that the House of Representatives of the Republic of Cyprus, on 11 July 2002, adopted amendments to the provisions of the Rent Control Law 1983 which concern the eviction of the tenants of the State-owned dwellings and the private tenants renting from private landlords. This legislation (the Rent Control (Amendment) Law No. 150 (I) of 2002) provides, inter alia, that the provisions of the Rent Control Law of 1983 concerning the protection from eviction shall be equally applicable to both the tenants of State-owned dwellings such as the applicant and other private tenants renting from private landlords (Section 2A of Law No. 150 (I) of 2002).
Furthermore, the amended Rent Control Law provides that the domestic courts should not deliver new judgments or orders contrary to Section 2A of Law No. 150 (I) of 2002 and that the judgments or orders already pending enforcement which concern the eviction of the tenants of the State-owned dwellings should not enforced. These amendments thus effectively remedy both the applicant's situation and prevent new similar violations. The judgment of the European Court of Human Rights has, in addition, been disseminated to the authorities concerned.
In view of the foregoing, the government is of the opinion that Cyprus has complied with its obligation under Article 46, paragraph 2, of the Convention to abide by the judgment in the case of Larkos against Cyprus.
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