FIRST SECTION
DECISION
Application no. 1887/08
by Georgia KATZIS
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 19 December 2007,
Having regard to the formal declarations accepting a friendly settlement of the case.
Having deliberated, decides as follows:
THE FACTS
The applicant, Ms Georgia Katzis, is a Cypriot national who was born in 1927 and lives in Larnaca. She is represented before the Court by Mr S. Drakos, 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 one of the heirs of the estate of Mrs Theodoula Savva Tsenti who died on 28 April 1998.
1. First instance proceedings before the Larnaca District Court
On 20 July 2000 the applicant, together with two other persons, lodged a civil action (action no. 3038/2000) before the Larnaca District Court against the administrator of the deceased’s will challenging the validity of the will.
The Larnaca District Court delivered its judgment on 22 October 2004 in favour of the defendants. It found that the plaintiffs had failed to establish their case – they had not rebutted the presumption of due execution of the will – and, therefore, the will was valid.
2. Appeal proceedings before the Supreme Court
On 3 December 2004 the applicant lodged an appeal before the Supreme Court (no. 12210) challenging the findings of the District Court and its assessment of the evidence.
On 20 July 2007 the Supreme Court dismissed the appeal and upheld the findings of the District Court.
COMPLAINTS
The applicant complained under Articles 6 § 1 and 13 of the Convention about the length of the proceedings and the lack of an effective remedy in this respect.
Furthermore, the applicant complained that the domestic courts had failed to conduct a proper examination of her arguments and the evidence she had submitted before them.
THE LAW
On 17 November 2008 the applicant’s complaints concerning the length of proceedings and the lack of an effective remedy in this respect were communicated to the respondent Government under Rule 54 § 2 (b) of the Rules of Court.
On 26 February 2009 the Court received the following declaration signed by the applicant’s representative:
“I, Mr Sotiris Drakos, note that the Government of Cyprus are prepared to pay the sum of 6,300 euros (six thousand and three hundred euros) to Mrs Georgia Katzis, 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 17 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 6,300 euros (six thousand and three hundred euros) to Mrs Georgia Katzis 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