FIRST SECTION
DECISION
Application no. 11597/07
by Loukis PAPACHRISTOFOROU and Others
against Cyprus
The European Court of Human Rights (First Section), sitting on 5 March 2009 as a Chamber composed of:
Nina Vajić, President,
Anatoly Kovler,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 2 March 2007,
Having regard to the formal declarations accepting a friendly settlement of the case.
Having deliberated, decides as follows:
THE FACTS
The applicants, Mr Loukis Papachristoforou, Mrs Dora Papachristoforou, Ms Dina Papachristoforou, Ms Evgenia Papachristoforou and Mr Andreas Odysseos are Cypriot nationals who were born in 1931, 1935, 1969, 1966 and 1943 respectively and live in Nicosia. They were represented before the Court by 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.
On 14 June 1994 a civil action (no. 5483/94) was brought against the applicants before the District Court of Nicosia concerning the recovery of a debt plus interest. The case was adjourned several times and was set for directions on 29 November 1999.
On 29 January 2002 the applicants lodged an interim application requesting the court to dismiss the civil action due to the protracted length of the proceedings. This was rejected on 11 July 2002.
The court reserved its judgment on 9 July 2003.
Judgment was delivered on 26 September 2006 ordering the applicants to pay the amounts due.
COMPLAINTS
The applicants complained under Articles 6 and 13 of the Convention about the protracted length of the proceedings and the lack of an effective remedy in this respect.
THE LAW
On 3 December 2008 the Court received the following declarations signed by the applicants' representative:
1. “I, Mr Sotiris Drakos, note that the Government of Cyprus are prepared to pay the sum of 15,000 euros (fifteen thousand euros), jointly, to Mr Loukis Papachristoforou, Mrs Dora Papachristoforou, Ms Dina Papachristoforou and Ms Evgenia Papachristoforou, 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 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.”
2. “I, Mr Sotiris Drakos, note that the Government of Cyprus are prepared to pay the sum of 15,000 euros (fifteen thousand euros), to Mr Andreas Odysseos, 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 and 26 January 2009 respectively the Court received the following declarations from the Government:
1. “ I, Mr Petros Clerides, Attorney-General of the Republic of Cyprus, declare that the Government of Cyprus offer to pay 15,000 euros (fifteen thousand euros), jointly, to Mr Loukis Papachristoforou, Mrs Dora Papachristoforou, Ms Dina Papachristoforou and Ms Evgenia Papachristoforou, 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.”
2. “I, Mr Petros Clerides, Attorney-General of the Republic of Cyprus, declare that the Government of Cyprus offer to pay 15,000 euros (fifteen thousand euros), to Mr Andreas Odysseos, 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 WampachNina Vajić
Deputy RegistrarPresident
Full & Egal Universal Law Academy