FOURTH SECTION
DECISION
Application no. 44503/06
by Maria Dimitrova STOLAROVA and Rusi Dimitrov STOLAROV
against Bulgaria
The European Court of Human Rights (Fourth Section), sitting on 28 June 2011 as a Committee composed of:
Päivi Hirvelä, President,
Ledi Bianku,
Zdravka Kalaydjieva, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 21 October 2006,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicants, Ms Maria Dimitrova Stolarova (“the first applicant”) and her brother, Mr Rusi Dimitrov Stolarov (“the second applicant”), are Bulgarian nationals who were born in 1937 and 1935 respectively and live in Sofia. They were represented before the Court by Ms K. Mihaylovska, a lawyer practising in Sofia. The Bulgarian Government (“the Government”) were represented by their Agent, Mrs M. Kotzeva, of the Ministry of Justice.
The applicants complained about the length and outcome of civil proceedings for restitution and rei vindicatio of a house as well as the outcome of civil proceedings for compensation (Article 6 § 1 and Article 1 of Protocol No. 1).
On 14 January 2011 the President of the Fifth Section to which the case had been allocated communicated the complaint about the length of the rei vindicatio proceedings to the respondent Government.
In letters received by the Court on 10 March and 30 March 2011 the second applicant, Mr Rusi Dimitrov Stolarov, and his sons, Mr Rusi Rusev Stolarov and Mr Dimitar Rusev Stolarov, informed the Court that the first applicant had passed away on 15 January 2010. They also expressed their wish to continue the proceedings in her stead. In support of that the second applicant presented a document, certifying his capacity as only heir at law to the first applicant. His sons, who are nephews to the first applicant, presented a will in their favour created by the first applicant in 2004. By virtue of the will the first applicant bequeathed her property to her nephews and also determined the relevant shares.
On 10 March and 16 May 2011 the Court received friendly settlement declarations signed by the parties under which the first applicant’s heirs and the second applicant agreed to waive any further claims against Bulgaria in respect of the facts giving rise to this application against an undertaking by the Government to pay them 11,700 euros to cover any pecuniary and non‑pecuniary damage as well as costs and expenses. The parties agreed that the sum above would be converted into Bulgarian levs at the rate applicable on the date of payment, and will be free of any taxes that may be chargeable to the applicant. It 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. In the event of failure to pay this sum within the said three-month period, the Government undertook 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 parties agreed that the payment will constitute the final resolution of the case.
THE LAW
The Court notes the wish of the heirs of Ms Maria Dimitrova Stolarova to continue the present proceedings in her stead.
The Court considers that Mr Rusi Dimitrov Stolarov, in his capacity as a heir at law, Mr Rusi Rusev Stolarov and Mr Dimitar Rusev Stolarov, in their capacity as testamentary heirs, have the necessary locus standi and can continue the present proceedings in the first applicant’s stead (see, for example, Horváthová v. Slovakia, no. 74456/01, §§ 26-27, 17 May 2005; Malhous v. the Czech Republic (dec.), no. 33071/96, 13 December 2000).
Further, 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 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.
The Court observes that under the terms of the friendly settlement declarations the Government undertake to pay 11,700 euros to the applicants. However, in view of the first applicant’s demise, this sum is to be paid to Mr Rusi Dimitrov Stolarov, Mr Rusi Rusev Stolarov and Mr Dimitar Rusev Stolarov.
For these reasons, the Court unanimously
Holds that the heirs of the first applicant have standing to continue the present proceedings in her stead;
Decides to strike the application out of its list of cases.
Fatoş Aracı Päivi Hirvelä
Deputy RegistrarPresident
Full & Egal Universal Law Academy