FIRST SECTION
DECISION
Application no. 29523/08
by Myria CONSTANTINIDOU
against Cyprus
The European Court of Human Rights (First Section), sitting on 14 April 2009 as a Chamber composed of:
Christos Rozakis, President,
Anatoly Kovler,
Elisabeth Steiner,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 2 June 2008,
Having regard to the formal declarations accepting a friendly settlement of the case.
Having deliberated, decides as follows:
THE FACTS
The applicant, Ms Myria Constantinidou, is a Cypriot national who was born in 1966 and lives in Nicosia. She was represented before the Court by Mr Ch. Clerides, a lawyer practising in Nicosia. The Cypriot Government (“the Government”) were represented by their Agent, 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.
The applicant is an architect. On 8 July 2004 she filed a civil action (no. 6606/2004) before the Nicosia District Court against three defendants in respect of unpaid fees.
It appears that the proceedings are still pending.
COMPLAINTS
The applicant complained under Articles 6 and 13 of the Convention about the length of the proceedings before the District Court of Nicosia and the lack of an effective remedy in this respect.
THE LAW
On 23 February 2009 the Court received the following declaration signed by the applicant’s representative:
“I, Mr Christos Clerides, note that the Government of Cyprus are prepared to pay the sum 4,700 euros (four thousand and seven hundred euros) to Ms Myria Constantinidou, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable and payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Having consulted my client, I would inform you that she accepts the proposal and waives any further claims against Cyprus in respect of the facts giving rise to this application. She declares that this constitutes a final resolution of the case.”
On 9 March 2009 the Court received the following declaration from the Government:
“I, Mr Petros Clerides, Attorney-General of the Republic of Cyprus, declare that the Government of Cyprus offer to pay 4,700 euros (four thousand and seven hundred euros) to Ms Myria Constantinidou with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable and payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.”
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
André WampachChristos Rozakis
Deputy RegistrarPresident
Full & Egal Universal Law Academy