INDJIRDJIAN proti Kypru

FIRST SECTION

DECISION

Application no. 37806/04
by Tonia INDJIRDJIAN
against Cyprus

The European Court of Human Rights (First Section), sitting on 29 June 2006 as a Chamber composed of:

Mr C.L. Rozakis, President,
Mr L. Loucaides,
Mrs F. Tulkens,
Mrs N. Vajić,
Mrs E. Steiner,
Mr K. Hajiyev,
Mr D. Spielmann, judges,
and Mr S. Nielsen, Section Registrar,

Having regard to the above application lodged on 11 October 2004,

Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,

Having regard to the parties’ correspondence,

Having deliberated, decides as follows:

THE FACTS

The applicant, Ms Tonia Indjirdjian, is a Cypriot national who was born in 1966 and lives in Nicosia. She was represented before the Court by Mr P. Petrakis, a lawyer practising in Nicosia. The Cyprus Government (“the Government”) were represented by their Agent, Mr P. Clerides, Attorney-General of the Republic of Cyprus.

The facts of the case, as submitted by the parties, may be summarised as follows.

On 28 February 1996 a civil action was filed against the applicant and her landlord before the District Court of Nicosia in respect of compensation for nuisance and damages caused to the plaintiff’s apartment.

On 20 February 2001 the district court dismissed the plaintiff’s action with legal costs in favour of the applicant and her co-defendant.

On 3 April 2001 the plaintiff filed an appeal before the Supreme Court.

The appeal was heard on 21 November 2003.

On 9 July 2004 the Supreme Court delivered its judgment setting aside the first instance judgment and awarding damages and legal costs in favour of the plaintiff.

COMPLAINT

The applicant complained under Article 6 § 1 of the Convention about the excessive length of the proceedings.

THE LAW

By letter dated 28 February 2006 the Government informed the Court that the parties had reached an agreement to settle the case. Subsequently, by letter dated 21 March 2006, the Government informed the Court that the Ministry of Finance of the Republic of Cyprus had approved the terms of the friendly settlement and that the Government would pay the applicant 6,000 Cyprus pounds in full and final settlement of her claim under the Convention, costs and expenses included. By letter dated 9 May 2006 the applicant confirmed the settlement.

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention).

Accordingly, the application of Article 29 § 3 of the Convention to the case should de discontinued and it should be struck out of the list.

For these reasons, the Court unanimously

Decides to discontinue the application of Article 29 § 3 of the Convention;

Decides to strike the application out of its list of cases.

Søren Nielsen Christos Rozakis
Registrar President