BORG v. MALTA (European Court of Human Rights)

Last Updated on April 24, 2019 by LawEuro

THIRD SECTION

DECISION

Application no. 75199/16
Rose BORG
against Malta

The European Court of Human Rights (Third Section), sitting on 29 January 2019 as a Committee composed of:

Branko Lubarda, President,
Vincent A. De Gaetano,
Alena Poláčková, judges,

and Fatoş Aracı, Deputy Section Registrar,

Having regard to the above application lodged on 2 December 2016,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Rose Borg, is a Maltese national, who was born in 1954 and lives in Ħal-Far. She was represented before the Court by Dr M. Camilleri and Dr E. Debono, lawyers practising in Valletta.

The Maltese Government (“the Government”) were represented by their Agent, Dr P. Grech, Attorney General.

The applicant complained that she was still a victim of the violation of Article 1 of Protocol No. 1 upheld by the Constitutional Court given the low amount of compensation awarded.

On 20 September 2018 and 17 October 2018 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Malta in respect of the facts giving rise to this application against an undertaking by the Government to pay her 22,000 euros to cover any pecuniary and non‑pecuniary damage as well as costs and expenses, which will be free of any taxes that may be applicable and will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three‑month period, the Government undertook to pay simple interest on it, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.

THE LAW

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 reasons to justify a continued examination of the application. In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 21 February 2019.

Fatoş AracıBranko Lubarda
Deputy RegistrarPresident

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