Resolution CM/ResDH(2020)218

Execution of the judgment of the European Court of Human Rights

Tilev against Bulgaria

(Adopted by the Committee of Ministers on 21 October 2020 at the 1386 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

25051/02

TILEV

27/05/2010

22/11/2010

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violations established on account of the failure of the administration authorities to abide by a final domestic judgment annulling the applicant’s eviction from farmland and the excessive length of domestic civil proceedings for damages (violations of Article 6, paragraph 1, and Article 1 of Protocol No. 1);

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government indicating the individual measures adopted in order to give effect to the judgment, and noting that no award of just satisfaction was made by the Court in the present case (see document DH-DD(2020)170 );

Considering that no further individual measures are possible, given the information that the lease contract for the land which the applicant had been farming had already expired and that the authorities are not aware of any attempts by the applicant to regain possession of the farmland or to seek compensation in another way;

Recalling that the general measures required in response to the shortcomings found by the Court in the present judgment concerning non-enforcement of judicial decisions were examined in the context of the Popnikolov case (see Final Resolution ( CM/ResDH(2015)223 );

Recalling that the outstanding questions of general measures related to the issue of non-enforcement of judicial decisions requiring an administrative authority to deliver a non-substitutable action continue to be examined within the framework of the Stoyanov and Tabakov case and that the closure of the present case therefore in no way prejudges the Committee’s evaluation of the general measures in this respect;

Having also noted that the general measures concerning the length of civil proceedings were examined in the Djangozov group of cases (see Final Resolution CM/ResDH(2017)420 );

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case as regards the individual measures and

DECIDES to close the examination of this case .