1176th meeting – 10 July 2013
Appendix 8
(Item H46-1)
Resolution CM/ResDH(2013)139
Mileva and others against Bulgaria
Execution of the judgment of the European Court of Human Rights
(Application No. 43449/02, judgment of 25/11/2010, final on 25/02/2011)
(Adopted by the Committee of Ministers on 10 July 2013
at the 1176th 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, 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 the above case and to the violation established;
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 is 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, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2013)717);
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
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.
Action Report
Case of Mileva and others v. Bulgaria
Application No. 43449/02, judgment of 25 November 2010
Convention violation found
This case concerns the failure of the authorities (between 2000 and 2004) to discharge their positive obligation to ensure the applicants’ right to respect for their homes and their private and family lives by taking appropriate measures to protect them from the disturbances coming from a computer club which operated round the clock and whose clients were generating a high level of noise in and around a building which had an essentially residential character (violation of Article 8).
Individual measures
The compensation awarded has been transferred to the applicants’ accounts on 29 March 2011.
The computer club was closed in 2004 and currently there is no information of nuisances.
No other individual measures seem to be appropriate to redress the violation found by the Court in this case.
General measures
a) Source of the violation
The Court did not criticise the relevant domestic legislation and judicial practice, summarised in §50 – §71 of the judgment. It described several avenues of redress which could, if successful, have protected the applicants’ rights under Article 8. Thus, the domestic legislation and judicial practice seem to be in compliance with the requirements of the Convention.
Therefore, the authorities consider that the violation found in this case is the result of an isolated failure of the competent bodies to comply with their obligations under domestic law, to approach the matter with due diligence and to give proper consideration to all competing interests (see §101 of the judgment).
b) Publication and dissemination of the judgment
In view of the isolated nature of the violation found in this case, the publication and dissemination of the judgment seem useful to prevent similar violations in the future.
The translation of the judgment is available on the Ministry of justice website at . The translated judgment was sent to the competent authorities.
The government believes that no additional measures are necessary for the execution of the judgment in this case.
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