FIFTH SECTION

DECISION

Applications nos. 42293/09 and 8443/12 Tsitsino BOTCHORISHVILI against Georgia

The European Court of Human Rights (Fifth Section), sitting on 12 June 2018 as a Committee composed of:

André Potocki , President, Mārtiņš Mits, Lado Chanturia , judges,

and Milan Blaško, Deputy Section Registrar ,

Having regard to the above applications lodged on 6 July 2009 and 20 January 2012 respectively,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant in both cases, Ms Tsitsino Botchorishvili , is a Georgian national, who was born in 1946 and lives in Tbilisi. She was represented before the Court by Mr D. Shvelidze and Mr M. Sturua , lawyers practising in Tbilisi.

2. The Georgian Government (“the Government”) were represented by their Agent, Mr B. Dzamashvili , of the Ministry of Justice.

3. In both applications the applicant complained under Article 6 § 1 of the Convention about the impediment in her right of access to a court.

4. On 16 February 2017 the Court gave notice to the Government of the applicant ’ s complaint.

5. By a letter of 7 July 2017 the Government informed the Court that they proposed to settle the case by submitting the following declaration:

“In the particular circumstances of the case, the Government of Georgia express their regretful acknowledgment of a violation of Article 6 of the European Convention on Human Rights due to the domestic courts ’ failure to substantiate their refusal to take note of the applicant ’ s advanced age, medical condition and monthly income while deciding on her request for the deferral for the payment of court fees.

In doing so the Government make particular reference to the decision of 26 December 2008 (No. ბს -1132-1094( კ -08)) of the Supreme Court of Georgia in another civil case to admit the applicant ’ s case for examination without full payment of court fee.

Bearing in mind the applicant ’ s right under Article 423 § 1 (g) of the Code of Civil Procedure of Georgia, entitling her to address the domestic court with the request to re-examine the case on the basis of a decision/judgment rendered by the European Court of Human Rights, the Government of Georgia additionally offer, with a view to securing friendly settlement between the parties, to pay Ms Tsitsino Botchorishvili EUR 2,000 (two thousand euros) to cover any and all costs and expenses, plus any tax that may be chargeable to the applicant.

This sum will be converted into Georgian national currency at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. 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 of the above-mentioned sum shall constitute the final resolution of the case (applications nos. 42293/09 and 8443/12).”

6. On 6 September 2017 the Court received a letter from the applicant stating that she accepted the terms of the Government ’ s proposal.

THE LAW

7. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

8. In the light of the above, the Court considers that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and its Protocols does not require it to continue the examination of the applications under Article 37 § 1 in fine . Accordingly, the case s should be struck 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.

Done in English and notified in writing on 5 July 2018 .

Milan BlaÅ¡ko André Potocki              Deputy Registrar President