European Court of Human Rights

FIRST SECTION

DECISION

Application no. 9026/08
by ANDREAS KOURSOUMPAS KTIMATIKI LTD.
against Cyprus

The European Court of Human Rights (First Section), sitting on 17 February 2009 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 19 January 2008,

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

Having deliberated, decides as follows:

THE FACTS

The applicant, Andreas Koursoumpas Ktimatiki Ltd., is a company incorporated under Cypriot Law with its registered office in Nicosia. It was represented before the Court by Mr C. Clerides and Mr X. Xenofontos, lawyers 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 16 June 1999 the applicant company filed a civil action (no. 7550/90) before the District Court of Nicosia against another company claiming damages for breach of contract concerning the purchase of a shop and a parking lot.

The statement of claim was filed on 21 April 2001 and the defendants filed their defence on 16 November 2001.

The hearing of the case began on 18 October 2004 and ended on 3 March 2005. During this period the hearing was adjourned at least three times at the applicant’s request.

On 26 September 2005 the District Court dismissed the action.

On 7 November 2005 the applicant company filed an appeal before the Supreme Court (appeal no. 326/05) challenging the findings of the first instance court.

On 26 January 2007 the parties filed the written outline of their addresses.

The appeal was heard on 22 June 2007 and 2 July 2007.

On 20 July 2007 the Supreme Court dismissed the appeal.

COMPLAINTS

The applicant company complained under Article 6 of the Convention about the fairness and the length of the proceedings before the domestic courts.

THE LAW

On 17 November 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 5 December 2008 the Court received the following declaration signed by one of the applicant’s representatives:

“I, Mr Christos Clerides, note that the Government of Cyprus are prepared to pay the sum of 6,300 euros (six thousand three hundred euros) to the applicant, Andreas Koursoumpas Ktimatiki 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.”

On 30 December 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 the sum of 6,300 euros (six thousand three hundred euros) to the applicant, Andreas Koursoumpas Ktimatiki 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.”

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 Nielsen Christos Rozakis
Registrar President