FIRST SECTION
DECISION
Application no. 22224/07
by ELEOURGHIA PETTEMERIDI LTD.
against Cyprus
The European Court of Human Rights (First Section), sitting on 7 July 2009 as a Chamber composed of:
Nina Vajić, President,
Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and Søren Nielsen, Section Registrar,
Having regard to the above application lodged on 11 May 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Eleourghia Pettemeridi Ltd, is a company incorporated under Cypriot Law with its registered office in Limassol. It 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 Petros Clerides, Attorney-General of the Republic.
The facts of the case, as submitted by the parties, may be summarised as follows.
The applicant company operates an olive oil factory.
In 1992 the applicant company submitted an application to the Ministry of Commerce and Industry (hereinafter “the Ministry”) for a licence to export 5000 tons of olive kernels to Greece for processing. At the same time it applied for a licence to import the refined olive-kernel oil.
The Ministry had no objection to the export of olive kernels but turned down the application to import the refined olive-kernel oil.
This subsequently led to a number of administrative and civil proceedings which eventually came to an end in 2006.
COMPLAINTS
The applicant company complained under Article 6 of the Convention about the length of the administrative proceedings as a whole.
It also made a number of other complaints under Articles 6, 13 and 14 of the Convention, Article 1 of Protocol No. 1 and Articles 1 and 2 of Protocol No. 12.
THE LAW
On 6 February 2009 the applicant company’s complaint under Article 6 of the Convention concerning the length of proceedings was communicated to the respondent Government under Rule 54 § 2 (b) of the Rules of Court.
On 28 May 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 14,300 euros (fourteen thousand and three hundred euros) to Eleourghia Pettemeridi Ltd, 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.”
On 3 June 2009 the Court received the following declaration signed by the applicant company’s representative:
“I, Mr Christos Clerides, note that the Government of Cyprus are prepared to pay the sum of 14,300 euros (fourteen thousand and three hundred euros) to Eleourghia Pettemeridi Ltd, 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 it accepts the proposal and waives any further claims against Cyprus in respect of the facts giving rise to this application. It declares that this constitutes a 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.
Søren NielsenNina Vajić
RegistrarPresident
Full & Egal Universal Law Academy