European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2012/882.html
Cite as: [2012] ECHR 882
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FOURTH SECTION
DECISION
Application no.
8250/05
Veneta Kirilova DIMITROVA-MIHOVA against Bulgaria
and
9 other applications
(see list appended)
The European Court of Human Rights (Fourth Section), sitting on 10 May 2012 as a Committee composed of:
Päivi
Hirvelä, President,
Ledi
Bianku,
Nebojša
Vučinić, judges,
and
Fatoş Aracı, Deputy
Section Registrar,
Having regard to the applications listed in the table below, communicated as part of the group of Dimitrova-Mihova and 13 other applications (no. 8250/05 and others),
Having regard to the pilot judgment in the case of Finger v. Bulgaria, no. 37346/05, § 135, 10 May 2011,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
PROCEDURE
The applicants are Bulgarian nationals whose names and dates of birth are specified in the table below. Some of the applicants were legally represented. The legal representatives involved were Mr P. Vasilev, Mr V. Stoyanov, Mr M. Ekimdzhiev, Ms K. Boncheva and Mr Y. Grozev. The Bulgarian Government (“the Government”) were represented by their Agent, Mr V. Obretenov, of the Ministry of Justice.
The essential information as to the length of the proceedings in which the applicants were involved is indicated in the attached table.
On 18 October 2011 the President of the Fourth Section decided to communicate the applicants’ complaints under Article 6 § 1 of the Convention concerning the length of civil proceedings and in some cases the complaints under Article 13 and Article 1 of Protocol No. 1 of the Convention concerning the lack of effective remedies in relation to the length and the impact of the length of the proceedings on property rights.
THE LAW
The Court considers that in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their common legal background.
On various dates (see table below) the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Bulgaria in respect of the facts giving rise to these applications against an undertaking by the Government to pay them various sums, which would cover any and all damage, as well as costs and expenses, and would be free of any taxes that may be applicable, to be converted into the national currency of the respondent State at the rate applicable on the date of payment. The sums would 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 these sums within the said three-month period, the Government undertook 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. This payment would constitute the final resolution of the cases.
The Court takes note of the friendly settlements reached between the parties. It is satisfied that the settlements are 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 applications (Article 37 § 1 in fine of the Convention). In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court unanimously
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Fatoş Aracı Päivi Hirvelä
Deputy
Registrar President
|
No. |
Application no. |
Lodged on |
Applicant’s name, year of birth, place of residence |
Beginning and end of the domestic proceedings |
Subject matter of domestic proceedings |
Length of proceedings and instances concerned |
Communicated complaints |
Date of applicant friendly settlement declaration |
Date of Government’s friendly settlement declaration |
Friendly settlement sums (in euros) |
|
1. |
8250/05 |
26/02/2005 |
Veneta Kirilova DIMITROVA-MIHOVA 1954 Novi Iskur |
1)First set of proceedings 02/1999 – 30/08/2004
2)Second set of proceedings 02/1999 – 15/06/2006 |
1)Labour dispute
2)Proceedings concerning certification of inability to work |
1) 5 years and 6 months (3 levels of jurisdiction)
2) 7 years and 4 months (3 levels of jurisdiction) |
Art. 6 § 1 (length of proceedings) |
15 November 2011 |
4 April 2012 |
1,500 |
|
2. |
40163/05 |
02/11/2005 |
Kosyo Todorov KATELIEV 1953 Varna
Yovka Nikolova KOYCHEVA 1936 Varna
Simeonka Nikolova ANDREEVA 1945 Varna
Simeon Ivanov SIMEONOV 1950 Varna |
03/07/1995 – 29/03/2010 |
Partitioning of property proceedings |
14 years and 8 months (3 levels of jurisdiction) in respect of the first applicant
13 years and 11 months (3 levels of jurisdiction) in respect of the other applicants who joined the proceedings on 26 April 1996 |
Art. 6 § 1 (length of proceedings)
Art. 13 (lack of effective remedies in respect of length)
Art. 1 of Protocol No. 1 (impact of length on property rights) |
27 December 2011 |
4 April 2012 |
6,300 (first applicant)
5,500 per person (the other applicants) |
|
3. |
381/06 |
12/12/2005 |
Dolores Dimitrova KRASTANOVA 1952 Sofia |
06/1993 – 26/06/2007 |
Civil proceedings for nullification of a contract |
14 years (3 levels of jurisdiction) |
Art. 6 § 1 (length of proceedings)
Art. 13 (lack of effective remedies in respect of length)
Art. 1 of Protocol No. 1 (impact of length on property rights) |
12 December 2011 |
4 April 2012 |
6,900 |
|
4. |
15630/06 |
28/02/2006 |
Nikolay STOYANOV 1965 Plovdiv |
02/03/2001 (date on which the applicant joined the criminal proceedings as civil claimant) – 11/03/2008 |
Civil claim for damages in criminal proceedings for theft |
7 years (2 levels of jurisdiction) |
Art. 6 § 1 (length of proceedings)
Art. 13 (lack of effective remedies in respect of length) |
10 November 2011 |
4 April 2012 |
2,900 |
|
5. |
23603/06 |
07/06/2006 |
Ivan Peychev IVANOV 1938 Chirpan |
06/2002 – 25/07/2008 |
Labour dispute |
6 years and 1 month (3 levels of jurisdiction) |
Art. 6 § 1 (length of proceedings) |
2 December 2011 |
4 April 2012 |
1,000 |
|
6. |
25452/06 |
15/06/2006 |
Lazarina Arangelova PAVLINA 1946 Madzhare
Galya Ilieva PAVLINA 1969 Madzhare
Vasilka Ilieva PAVLINA 1977 Madzhare |
5/11/1996 – 16/12/2005 |
Civil proceedings for declaring the death of the applicants’ ancestor as an accident at work |
9 years and 1 month (3 levels of jurisdiction) |
Art. 6 § 1 (length of proceedings) |
22 November 2011 |
4 April 2012 |
3,000 |
|
7. |
32647/06 |
25/07/2006 |
Kalina Dimitrova TSVETKOVA 1973 Sofia |
11/05/2000 – 13/02/2006 |
Labour dispute |
5 years and 9 months (3 levels of jurisdiction) |
Art. 6 § 1 (length of proceedings) |
21 November 2011 |
4 April 2012 |
1,000 |
|
8. |
18088/07 |
27/12/2006 |
Stanka Manasieva MIHAYLOVA 1951 Gorna Oryahovitsa |
07/07/2000 – 06/12/2006 |
Labour dispute |
6 years and 5 months (3 levels of jurisdiction) |
Art. 6 § 1 (length of proceedings) |
8 December 2011 |
4 April 2012 |
1,000 |
|
9. |
18749/07 |
05/04/2007 |
MTS IZGREV EOOD Svilengrad |
23/03/1997 – 30/10/2006 |
Rei-vindicatio proceedings |
9 years and 7 months (3 levels of jurisdiction) |
Art. 6 § 1 (length of proceedings)
Art. 13 (lack of effective remedies in respect of length) |
8 December 2011 |
4 April 2012 |
3,700 |
|
10. |
18849/07 |
03/04/2007 |
Yordanka Stoyanova VELKOVA 1952 Sofia |
03/2001 – 5/10/2006 |
Labour dispute |
5 years and 6 months (3 levels of jurisdiction) |
Art. 6 § 1 (length of proceedings)
Art. 13 (lack of effective remedies in respect of length) |
12 December 2011 |
4 April 2012 |
1,500 |