European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/731.html
Cite as: [2011] ECHR 731
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FIRST SECTION
DECISION
Application
no. 40151/09
by Dimitrios EXAMILIOTIS
against Greece
The European Court of Human Rights (First Section), sitting on 12 April 2011 as a Committee composed of:
Peer
Lorenzen,
President,
Elisabeth
Steiner,
Khanlar
Hajiyev,
judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 25 June 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Dimitrios Examiliotis, is a Greek national who was born in 1936 and lives in Athens. The Greek Government (“the Government”) were represented by their Agent, Mr F. Georgakopoulos, President of the Legal Council of the State.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 10 November 2006 the applicant lodged action no. 567/2008 with the State Audit Council claiming that his pension had to be retroactively increased according to law no. 3016/2002.
On the same date the applicant lodged action no. 568/2008 with the State Audit Council claiming that the family benefit that he was entitled to had been arbitrarily reduced according to law no. 3205/2003 and asking for compensation.
On 3 January 2008, 17 October 2008, 12 February 2009 and 12 May 2009 four requests were addressed respectively by the applicant to the State Audit Council asking for a hearing date to be fixed as soon as possible for both actions. No hearing dates have been fixed yet.
On 5 June 2009 the Registry of the Council of Audit informed the applicant that a hearing date would be fixed for both actions at one of the court’s forthcoming sessions and that no reasoning had been put forward by the applicant for an exceptional hearing date.
COMPLAINT
The applicant complained under Article 6 § 1 of the Convention about the length of the two sets of proceedings before the domestic courts.
THE LAW
On 7 January 2011 the Court received the following declaration from the applicant, written in French. The official translation of the declaration in English reads as follows:
“I, Dimitrios Examiliotis, note that the Government of Greece are prepared to pay ex gratia to me, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, 3 000 euros, to cover any and all pecuniary and non-pecuniary damage and any and all costs and expenses plus any tax that may be chargeable to the applicant.
These sums will be payable within three months from the date of notification of the decision 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 amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I accept the proposal and waive any further claims against Greece in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
On 13 January 2011 the Court received a declaration from the Government, written in French. The official translation of the declaration in English reads as follows:
“I, Fokion P. Georgakopoulos, Agent of the Greek Government, declare that the Government of Greece offer to pay, ex gratia to Mr Dimitrios Examiliotis, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, 3 000 euros, to cover any and all pecuniary and non-pecuniary damage and any and all costs and expenses plus any tax that may be chargeable to the applicant.
These sums will be payable within three months from the date of notification of the decision by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay these sums within the said three-month period, the Government undertake to pay simple interest on them, 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 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
Wampach Peer Lorenzen
Deputy Registrar President