FIRST SECTION

DECISION

Application no. 20783/20 Steve MALLIA and Ariadne MASSA against Malta

The European Court of Human Rights (First Section), sitting on 2 November 2021 as a Committee composed of:

Erik Wennerström, President, Lorraine Schembri Orland, Ioannis Ktistakis, judges,

and Liv Tigerstedt, Deputy Section Registrar,

Having regard to the above application lodged on 19 May 2020,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants, Mr Steve Mallia and Ms Ariadne Massa, are Maltese nationals, who were born in 1971 and 1973 respectively and live in Gharghur and Sliema. They were represented before the Court by Dr P. Micallef Grimaud, a lawyer practising in Valletta.

The Maltese Government (“the Government”) were represented by their Agent, Dr C. Soler, State Advocate.

The applicants complained under Article 10 of the Convention that they had suffered a breach of their right to freedom of expression when they had been made to pay damages for the use of the word “top” management which they considered a value judgment, but which the domestic courts had considered to be a statement of fact, which was libellous.

On 10 and 23 September 2021 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Malta in respect of the facts giving rise to this application against an undertaking by the Government to pay them 15,000 euros, jointly, to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from the 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 LAW

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. 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 in accordance with Article 39 of the Convention.

Done in English and notified in writing on 25 November 2021.

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Liv Tigerstedt Erik Wennerström Deputy Registrar President