DIMITROVA-MIHOVA v. BULGARIA AND OTHER APPLICATIONS
Doc ref: 8250/05;15630/06;18088/07;18749/07;18849/07;23603/06;25452/06;32647/06;381/06;40163/05 • ECHR ID: 001-110990
Document date: May 10, 2012
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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 case s 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
1954Novi 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
1953Varna
Yovka Nikolova KOYCHEVA
1936Varna
Simeonka Nikolova ANDREEVA
1945Varna
Simeon Ivanov SIMEONOV
1950Varna
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
1952Sofia
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
1965Plovdiv
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
1938Chirpan
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
1946Madzhare
Galya Ilieva PAVLINA
1969Madzhare
Vasilka Ilieva PAVLINA
1977Madzhare
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
1973Sofia
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
1951Gorna 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
1952Sofia
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