Resolution CM/ ResDH (2012) 159 [1] Velted-98 AD against Bulgaria

Execution of the judgment of the European Court of Human Rights

(Application No.15239/02, judgment of 11 December 2008, final on 11 March 2009)

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 (see document DH-DD(2012)909E );

Recalling that the respondent State ’ s obligation under Article 46, paragraph 1, of the Convention to abide to 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 its 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(2012)909E );

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

Case Velted-98 AD v. Bulgaria

Application No 15239/02, Judgment of 11/12/2008, Final on 11 /03/2009

1. Convention violation found

The case concerns the unfairness of administrative proceedings brought by the applicant company seeking revocation of a ministerial decree relating to the privatisation of a public company for which it had unsuccessfully submitted a bid. The Court held that there is a breach of Article 6§1of the Convention.

The European Court observed that in its judgment of 19/10/2001 the five-member panel of the Supreme Administrative Court had failed to examine an issue qualified as substantial at first instance by the three-member panel of the same court and on which the parties had exhaustively commented.

2. Individual measures

The Republic of Bulgaria has paid to the applicant company on 12.05.2010 the amount of 2000 (two thousand) euros for pecuniary damages and 700 (seven hundred) euros for costs and expenses, converted into Bulgarian levs , according to the operative part of the judgment.

In 2009 the applicant filed an application for the annulment of a final judgment before the Supreme Administrative Court . Administrative proceedings have been initiated before a seven-member panel, but they were discontinued due to the withdrawal of the annulment request by the applicant.

In these circumstances, no further individual measures seem to be necessary.

3. General measures

The government is of the opinion that the violation found by the European Court stems from the omission of the Supreme Administrative Court to examine all the relevant questions in this particular case. Therefore, this violation can be considered as an isolated one.

a) publication and dissemination of the judgment

The translation of the judgment is available on the Ministry of Justice website at http://www.justice.g o vernment.bg/

The translation of the judgment was sent to the Supreme Administrative Court drawing their attention on the main conclusions of the ECHR ’ s judgment.

b) No other general measures, such as legislative amendments, seem to be necessary for the execution of the judgment.

[1] Adopted by the Committee of Ministers on 6 December 2012 at the 11 57 th Meeting of the Ministers’ Deputies .