CEDH · CASELAW;CLIN;ENG — 27 mai 2010

.s3ABFC313 { font-size:10pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s5CB9E8AB { margin-top:12pt; margin-bottom:0pt; text-align:justify; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. 130 May 2010 Facondis v. Cyprus - 9095/08 Decision 27.5.2010 [Section I] Article 37 Article 37-1-c Continued examination not justified Unilateral declaration affording adequate redress and announcing introduction of general remedial measures for length-of-proceedings complaints: struck out   Facts – In proceedings before the European Court concerning the length of civil proceedings before the domestic courts, the Government made a unilateral declaration in which they expressly acknowledged violations of Article 6 §   1 and Article   13 of the Convention and offered to pay the applicant EUR   17,000 in respect of damage and costs and expenses. The Government further indicated that a Bill was pending before the legislature that would provide remedies for length-of-hearing complaints in civil and administrative proceedings, including proceedings concluded before the legislation came into force. Courts hearing such complaints would have the power to award compensation and to make orders expediting the proceedings. Regulatory measures were also being introduced with a view to addressing the underlying problem of unreasonable delays. Lastly, the Cypriot Supreme Court was conducting a review of the rules of civil procedure and had proposed a series of practical measures to help speed up the system, including the accelerated transcription of court records, the computerisation of the judicial service and disciplinary measures against judges guilty of delays. In these circumstances, the Government requested the Court to strike out the application in accordance with Article   37 of the Convention. Law – Article 37: In view of the clear acknowledgment of a breach of Articles 6 §   1 and   13 of the Convention, the entry into force of Law no.   2(I)/2010 establishing national remedies for complaints of a violation of the reasonable-time requirement, and the adequate financial compensation that had been afforded, the Court was satisfied that respect for human rights did not require it to continue with the examination of this part of the application. Conclusion : struck out (unanimously).   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes