European Court of Human Rights

FIFTH SECTION

DECISION

Application no. 59993/00
by BORNAZOVI
against Bulgaria

The European Court of Human Rights (Fifth Section), sitting on 22 April 2008 as a Chamber composed of:

Peer Lorenzen, President,
Snejana Botoucharova,
Karel Jungwiert,
Rait Maruste,
Renate Jaeger,
Mark Villiger,
Isabelle Berro-Lefèvre, judges,
and Claudia Westerdiek, Section Registrar,

Having regard to the above application lodged on 9 February 2000,

Having regard to the Court’s partial decision of 18 September 2007,

Having deliberated, decides as follows:

THE FACTS

The applicants, Mr Georg Bornazov and Mr Vasil Bornazov, are Bulgarian nationals who were born in 1959 and 1952 respectively and live in Sofia. They were represented before the Court by Mrs N. Sedefova, a lawyer practising in Sofia. The respondent Government are represented by their Agent, Mrs M. Dimova, of the Ministry of Justice.

A.  The circumstances of the case

The facts of the case, as submitted by the parties, may be summarised as follows.

The applicants are brothers. In October 1989 the applicants’ parents together with the first applicant purchased an apartment from the Sofia municipality.

After the adoption of the Restitution Law, in February 1992 the former pre-nationalisation owners brought proceedings under section 7 of that law against the applicants’ parents and the first applicant. After the applicants’ mother’s death in 1994, the second applicant also became involved in the proceedings. The applicants’ father passed away in 1999.

After September 1992, the District Court held fourteen hearings. The reasons for the adjournments varied. Several hearings were held at intervals exceeding six months. The last hearing took place on 21 February 1996.

By judgment of 2 September 1996, the District Court dismissed the claim against the applicants. Apparently, that judgment was notified to the parties three or more months later.

In January 1997 the plaintiffs appealed to the Sofia City Court which held a hearing on 9 February 1998, the hearing listed for 20 October 1997 having been adjourned at the request of the plaintiffs.

By judgment of 28 April 1998 the Sofia City Court quashed the District Court judgment and granted the claim.

The applicants filed a cassation appeal, which was examined by the Supreme Court of Cassation at a hearing on 27 May 1999.

On 19 August 1999 the Supreme Court of Cassation upheld the Sofia City Court’s judgment.

The applicants’ request for reopening of the proceedings was refused on 14 November 2002.

COMPLAINT

The applicants complained under Article 6 1 of the Convention that the civil proceedings in their case had been excessively lengthy.

THE LAW

On 15 November 2007 the Court received the following declaration signed by the applicants:

“We, Georg Bornazov and Vasil Bornazov, note that the Government of Bulgaria are prepared to pay us the sum of 2,800 (two thousand eight 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 non-pecuniary damage as well as costs and expenses, will be converted into Bulgarian lev at the rate applicable on the date of payment, and free of any taxes that may be applicable. The whole sum 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.

We accept the proposal and waive any further claims against Bulgaria in respect of the facts giving rise to this application. We declare that this constitutes a final resolution of the case.”

On 4 March 2008 the Court received the following declaration from the Government, which had been approved by the Council of Ministers of Bulgaria and had been signed by their Agent, Ms M. Dimova, of the Ministry of Justice:

“The Government of Bulgaria hereby offer to pay 2,800 (two thousand eight hundred) euros to Mr Georg Bornazov and Mr Vasil Bornazov jointly 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 non-pecuniary damage as well as costs and expenses, will be converted into Bulgarian lev at the rate applicable on the date of payment, and free of any taxes that may be applicable. The whole sum 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 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 discontinue the application of Article 29 § 3 and 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.

Claudia Westerdiek Peer Lorenzen
Registrar President