r esolution DH (99) 715

Concerning the judgment of the European Court of Human Rights of 1 April 1999 in the case of Trome S.A. against Spain

(Adopted by the Committee of Ministers on 3 December 1999 at the 688th 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 final judgment of the European Court of Human Rights in the Trome S.A. case delivered on 1 April 1999 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 27781/95) against Spain, lodged with the European Commission of Human Rights on 12 May 1995 under previous Article 25 of the Co n vention by Trome S.A. , a limited company set up under Spanish law, and that the Commission declared admissible the complaints that the applicant company had not had a fair hearing on account of the refusal of its request to take part in proceedings for the interpretation of a judgment concerning property which it had acquired and that it had been the victim of an interference with its right to the peaceful enjoyment of its possessions, having been deprived of the right to recover plots of land;

Recalling that the case was brought before the Court by the Commission on 3 December 1998;

Whereas in its judgment of 1 April 1999 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant company, and having been satisfied, that the friendly settlement was based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously, to strike the case out of its list;

Whereas under the above-mentioned friendly settlement it was agreed, in particular, that the Andalusia Land Agency being unable to return to Trome S.A. the 12,564.48 sq. m. of land on the San Pablo industrial estate in Seville which are occupied by the railway lines and the Carmona road, would substitute for the plots concerned two other pieces of land of the same area adjacent to those whose restitution was ordered, and that the public document would be drafted as soon as possible and immediately after the municipal subdivision permit has been obtained, which the Andalusia Land Agency undertook to request as a matter of urgency;

Recalling that Rule 44, paragraph 2, of the Rules of the Court provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of previous Article 54 which are, for the time being, applicable by analogy to cases transmitted to it under Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 9 June 1999, the contract between the Andalusia Land Agency and Trome S.A. referred to in the friendly settlement was registered as a public document by Mr Luís Marín Sicilia, notary established in Seville, under Protocol No. 1722, and that the new plots had been effectively transferred to the applicants;

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