FIRST SECTION
DECISION
Application no. 4805/08
by Kypros OIKONOMIDIS and Christos THEODOULOU
against Cyprus
The European Court of Human Rights (First Section), sitting on 9 February 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, Section Registrar,
Having regard to the above application lodged on 18 December 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicants, Mr Kypros Oikonomidis and Mr Christos Theodoulou, are Cypriot nationals who were born in 1916 and 1939 respectively and live in Larnaca. They were represented before the Court by Mr S C. Theodoulou, a lawyer practising in Larnaca. 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 8 June 1995 the applicants applied to the Department of Town Planning for planning permission.
On 7 September 1995 the Department of Town Planning granted the applicants a permit subject to certain conditions.
The applicants asked the Department of Town Planning to lift one of these conditions but their application was dismissed.
On 3 March 1998 the applicants lodged a hierarchical recourse before the Council of Ministers which was also dismissed on 28 April 1998. The applicants were notified of this decision on 1 June 1998.
On 12 June 1998 the applicants lodged a recourse (no. 696/98) before the Supreme Court (first instance-revisional jurisdiction) seeking the annulment of the decision.
On 31 January 2001 the Supreme Court dismissed the recourse.
On 9 March 2001 the applicants appealed to the Supreme Court (appeal no. 3196).
Their appeal was dismissed on 4 July 2007.
COMPLAINTS
The applicants complained under Article 6 of the Convention about the length of the proceedings before the administrative authorities (Council of Ministers) and the Supreme Court.
They also made a number of other complaints under Articles 6 and 14 of the Convention and Article 1 of Protocol No. 1.
THE LAW
On 27 August 2009 the applicants' 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 23 September 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 7,000 euros (seven thousand euros) to each of the applicants, Mr Kypros Oikonomidis and Mr Christos Theodoulou 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 2 October 2009 the Court received the following declaration signed by the applicants' representative:
“I, Mr Sozos-Christos Theodoulou, note that the Government of Cyprus are prepared to pay each of the applicants, Mr Kypros Oikonomidis and Mr Christos Theodoulou the sum of 7,000 euros (seven thousand 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 clients, I would inform you that they accept the proposal and waive any further claims against Cyprus in respect of the facts giving rise to this application. They declare 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 Registrar President
Full & Egal Universal Law Academy