European Court of Human Rights

FIRST SECTION

DECISION

Application no. 8394/07
by THECYPIOM LTD.
against Cyprus

The European Court of Human Rights (First Section), sitting on 5 February 2009 as a Chamber composed of:

Christos Rozakis, President,
Nina Vajić,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni, judges,
and Søren Nielsen, Section Registrar,

Having regard to the above application lodged on 8 February 2007,

Having regard to the formal declarations accepting a friendly settlement of the case.

Having deliberated, decides as follows:

THE FACTS

The applicant, Thecypiom Ltd, is a company incorporated under Cypriot Law with its registered office in Nicosia. It is represented before the Court by Mr S. Drakos, a lawyer practising in Cyprus. 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.

The applicant company owns a private college in Nicosia.

On 19 January 2000 the applicant lodged a recourse before the Supreme Court (revisional jurisdiction-first instance) 84/2000 challenging two decisions of the Ministry of Education concerning, in essence, sums of money to be paid for applications in respect of courses to be taught by the college.

On 12 June 2003 the Supreme Court dismissed the recourse. It found that the decisions complained of not were not executory administrative acts and thus, did not come within its revisional jurisdiction.

On 20 October 2003 the applicant filed an appeal (no. 3706) before the Supreme Court (revisional jurisdiction-appeal) challenging the first instance judgment.

The applicant filed its closing submissions on 17 May 2004 and the respondents on 29 June 2004.

The hearing was fixed for 12 September 2006. It was then rescheduled for 13 September 2006.

On the above date the Supreme Court dismissed the appeal.

COMPLAINTS

1.  The applicant company complained under Article 6 § 1 of the Convention about the length of the proceedings.

2.  Furthermore, the applicant company complained under the above provision about the fairness of the appeal proceedings.

THE LAW

On 14 October 2008 the complaint concerning the length of proceedings was communicated to the respondent Government under Rule 54 § 2 (b) of the Rules of Court.

On 14 November 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 EUR 5,500 (five thousand and five hundred euros) to Thecypiom Ltd, 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 28 November 2008 the Court received the following declaration signed by the applicant company’s representative:

“I, Mr Sotiris Drakos, note that the Government of Cyprus are prepared to pay the sum of EUR 5,500 (five thousand and five hundred euros) to Thecypiom Ltd 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 it accepts the proposal and waives any further claims against Cyprus in respect of the facts giving rise to this application. It declares that this constitutes a final resolution of the case.”

The Court takes note of the 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 Nielsen Christos Rozakis
Registrar President