Resolution ResDH (2003)68 concerning the judgment of the European Court of Human Rights of 2 July 2002 (final on 6 November 2002) in the case of Markass Car Hire Ltd against C yprus

(Adopted by the Committee of Ministers on 24 April 2003 at the 834th 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, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the case of Markass Car Hire Ltd delivered on 2 July 2002 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the judgment of the Court became final on 6 November 2002 since, at this date, the government of the respondent state was informed that the request for a re-hearing before the Grand Chamber had been dismissed;

Recalling that the case originated in an application (No. 51591/99) against Cyprus, lodged with the European Court of Human Rights on 5 August 1999 under Article 34 of the Convention by Markass Car Hire Ltd, a Cypriot company, and that the Court declared admissible the complaint concerning the excessive length of certain civil proceedings;

Whereas in its judgment of 2 July 2002 the Court unanimously:

- held that there had been a violation of Article 6, paragraph 1, of the Convention;

- held that the government of the respondent state was to pay the applicant company, within three months from the date on which the judgment became final, 15 000 euros in respect of non-pecuniary damage; and 4 000 euros in respect of costs and expenses and that simple interest at an annual rate of 8% would be payable on those sums from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicant’s claim for just satisfaction;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgment of 2 July 2002, having regard to Cyprus’s obligation under Article 46, paragraph 1, of the Convention to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state indicated that the Court’s judgment had been sent out to the authorities directly concerned;

Having satisfied itself that on 9 January 2003, within the time-limit set, the government of the respondent state had paid the applicant company the sums provided for in the judgment of 2 July 2002,

Declares, after having taken note of the information supplied by the Government of Cyprus, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.