FIRST SECTION
DECISION
Application no. 56341/07
by Andreas KOURSOUMPAS
against Cyprus
The European Court of Human Rights (First Section), sitting on 17 February 2009 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, Section Registrar,
Having regard to the above application lodged on 13 December 2007,
Having regard to the formal declarations accepting a friendly settlement of the case.
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Andreas Koursoumpas, is a Cypriot national who was born in 1946 and lives in Nicosia. He 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.
On 2 September 1999 a civil action (no. 11054/99) was brought against the applicant before the District Court of Nicosia for, inter alia, the recovery of a debt together with interest. The applicant made a counter-claim for damages for breach of contract.
The hearing of the case commenced on 15 May 2006 and was completed on 19 December 2006, when judgment was reserved.
Judgment was delivered on 14 June 2007 ordering the applicant to pay an amount determined by the court to the plaintiff. As for the applicant’s counter-claim for damages for breach of contract, the court observed that no such contract had been concluded given that the parties’ agreement had been rendered unworkable or void for uncertainty.
COMPLAINTS
The applicant complained under Article 6 of the Convention about the length of the proceedings and the fact that the court had not awarded him damages to compensate him for breach of contract.
He further complained under Article 13 of the Convention of a lack of an effective remedy in relation to his complaints under Article 6.
THE LAW
On 7 October 2008 the 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 November 2008 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 applicant, Mr Andreas Koursoumpas, the sum of 7,900 euros (seven thousand and nine 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 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.”
On 30 December 2008 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 7,900 euros (seven thousand and nine hundred euros) to the applicant, Mr Andreas Koursoumpas, 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.
Søren NielsenChristos Rozakis
RegistrarPresident
Full & Egal Universal Law Academy