FIRST SECTION
DECISION
Application no. 37402/08
by G.N. ELLINAS IMPORTS-EXPORTS LIMITED
against Cyprus
The European Court of Human Rights (First Section), sitting on 16 September 2010 as a Chamber composed of:
Christos Rozakis, President,
Nina Vajić,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and Søren Nielsen, Registrar
Having regard to the above application lodged on 15 July 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, G.N. Ellinas Imports-Exports Ltd, is a company incorporated under Cypriot law, with its registered office in Limassol. It is represented before the Court by Mrs Elena P. Georgiou and Ms Anna N. Pilidou, lawyers 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.
On 7 February 2002 the applicant company brought civil proceedings (action no. 1258/02) before the District Court of Nicosia for the amount of 441,673 Cyprus pounds claiming under an insurance contract.
On 30 June 2006 the District Court delivered its judgment dismissing the action.
On 7 August 2006 the applicant company lodged an appeal before the Supreme Court (appeal no. 249/06).
On 16 January 2008 the Supreme Court dismissed the appeal and upheld the findings of the District Court.
COMPLAINTS
The applicant company complained under Article 6 of the Convention about the length of the proceedings before the District Court of Nicosia. In particular, it pointed to the delay in the delivery of that court's judgment.
Furthermore, the applicant company made a number of other complaints under the same provision as to the fairness of the proceedings.
THE LAW
On 27 August 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 5 October 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 the sum of 4,500 euros (four thousand and five hundred euros) to the applicant, G.N Ellinas Imports-Exports Limited 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.”
In the absence of a reply on the part of the applicant company, the Government, by a letter dated 1 March 2010, informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised in the application in accordance with Article 37 of the Convention. They further requested the Court to strike out the application in accordance with Article 37 of the Convention.
The applicant company was invited by the Court to submit any comments it wished to make in reply. On 25 June 2010 the Court received the following declaration signed by one of the applicant company's representatives, Mrs Elena P. Georgiou:
“I, Mrs Elena P. Georgiou, note that the Government of Cyprus are prepared to pay the applicant, G.N Ellinas Imports-Exports Limited the sum of 4,500 euros (four thousand and five hundred euros) 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 will be 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 he accepts the proposal and waives any further claims against Cyprus in respect of the facts giving rise to this application. He 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 NielsenChristos Rozakis
RegistrarPresident
Full & Egal Universal Law Academy