117 6th meeting – 10 July 2013

Appendix 8

( Item H46-1 )

Resolution CM/ ResDH (2013) 139

Mileva and others against Bulgaria

Execution of the judgment of the European Court of Human Rights

(Application No. 43449/02 , judgment of 2 5/11/2010 , final on 25/02/2011 )

(Adopted by the Committee of Ministers on 10 July 2013 at the 1176th meeting of the Ministers ’ Deputies)

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 the above case and to the violation established;

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 is 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 measures adopted in order to give effect to the judgment, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2013)717 );

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

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

DECIDES to close the examination thereof.

Action Report

C ase of M ileva and others v. B ulgaria

Application N o. 43449/02, j udgment of 25 November 2010

This case concerns the f ailure of the authorities (between 2000 and 2004) to discharge their positive obligation to ensure the applicants ’ right to respect for their homes and their private and family lives by taking appropriate measures to protect them from the disturbances coming from a computer club which operated round the clock and whose clients were generating a high level of noise in and around a building which had an essentially residential character (violation of Article 8).

The compensation awarded has been transferred to the applicants ’ accounts on 29 March 2011.

The computer club was closed in 2004 and currently there is no information of nuisances.

No other individual measures seem to be appropriate to redress the violation found by the Court in this case.

a) Source of the violation

The Court did not criticis e the relevant domestic legislation and judicial practice, summari s ed in §50 – §71 of the judgment. It described several avenues of redress which could, if successful, have protected the applicants ’ rights under Article 8. Thus, the domestic legislation and judicial practice seem to be in compliance with the requirements of the Convention.

Therefore, the authorities consider that the violation found in this case is the result of an isolated failure of the competent bodies to comply with their obligations under domestic law, to approach the matter with due diligence and to give proper consideration to all competing interests (see §101 of the judgment).

b) Publication and dissemination of the judgment

In view of the isolated nature of the violation found in this case, the publication and dissemination of the judgment seem useful to prevent similar violations in the future.

The translation of the judgment is available on the Ministry of justice website at http://www.mjs.bg/47 . The translated judgment was sent to the competent authorities.

The g overnment believes that no additional measures are necessary for the execution of the judgment in this case.