FIRST SECTION
DECISION
Application no. 67966/12
Popi DAMASKINOU-IKONOMIDOU
against Greece
The European Court of Human Rights (First Section), sitting on 13 November 2018 as a Committee composed of:
Aleš Pejchal, President,
Tim Eicke,
Jovan Ilievski, judges,
and Abel Campos, Section Registrar,
Having regard to the above application lodged on 25 September 2012,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Popi Damaskinou-Ikonomidou, is a Greek national, who was born in 1956 and lives in Sounio. She was represented before the Court by Mr S. Hoursoglou, a lawyer practising in Athens.
The Greek Government (“the Government”) were represented by their Agent, Mr I.-K. Chalkias, President at the State Legal Council.
The applicant complained under Article 6 of the Convention that she had been deprived of her right of access to a court and that the proceedings against her were in breach of the “reasonable time” requirement. She also complains that she had not had at her disposal an effective remedy for her complaint concerning the length of the proceedings, as required by Article 13 of the Convention.
On 5 and 15 October 2018 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Greece in respect of the facts giving rise to this application against an undertaking by the Government to pay her 3,500 euros (three thousand five hundred euros) to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be free of any taxes that may be applicable, and it will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from the 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 LAW
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 reasons to justify a continued examination of the application. 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 in accordance with Article 39 of the Convention.
Done in English and notified in writing on 6 December 2018.
Abel CamposAleš Pejchal
RegistrarPresident
Full & Egal Universal Law Academy