FIFTH SECTION
\nCASE OF DELINA v. BULGARIA
\n(Application no. 66742\/11)<\/p>\n
JUDGMENT
\nSTRASBOURG
\n18 January 2018<\/p>\n
This judgment is final but it may be subject to editorial revision.<\/p>\n
In the case of Delina v. Bulgaria,<\/strong><\/p>\n The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:<\/p>\n Andr\u00e9 Potocki, President, Having deliberated in private on 12 December 2017,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1.\u00a0\u00a0The case originated in an application (no. 66742\/11) against the Republic of Bulgaria lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) by a Bulgarian national, Ms Totka Mineva Delina (\u201cthe applicant\u201d), on 7 September 2011.<\/p>\n 2.\u00a0\u00a0The Bulgarian Government (\u201cthe Government\u201d) were represented by their Agent, Ms M. Dimova, of the Ministry of Justice.<\/p>\n 3.\u00a0\u00a0The applicant complained under Article 6 \u00a7 1 of the Convention of the excessive delay in the enforcement of a final judgment in her favour.<\/p>\n 4.\u00a0\u00a0On 10 July 2014 the application was communicated to the Government.<\/p>\n THE FACTS<\/strong><\/p>\n I.\u00a0\u00a0THE CIRCUMSTANCES OF THE CASE<\/p>\n 5.\u00a0\u00a0The applicant was born in 1938 and lives in Sofia.<\/p>\n 6.\u00a0\u00a0The Sofia Municipal Council approved the exchange of a municipal flat for a smaller flat owned and occupied by the applicantin December 2005. However, the mayor of Sofia did not issue the necessary order and did not sign a contract for the exchange, as provided in the applicable rules. The applicant brought judicial review proceedings challenging the mayor\u2019s tacit refusal to act. The Sofia Administrative Court quashed the mayor\u2019s tacit refusalin a judgment of 1April 2010 and instructed the mayor to issue an order for the exchange of the flats. That part of the judgment became final and enforceable on 19 May 2010.<\/p>\n 7.\u00a0\u00a0By a decision of 25 March 2010 the Sofia Municipal Council revoked its December 2005 decision approving the exchange of the two properties. The applicant lodged a challenge against that 25 March 2010 decision. In a final judgment of 7 March 2011 the Supreme Administrative Court declared the Council\u2019s decision of 25 March 2010 null and void.<\/p>\n 8.\u00a0\u00a0On 18 April 2011 the mayorissued a decision explicitlyrefusing to issuean order for the exchange of the two flats. Following an application by the applicant for judicial review, on 30 March 2012 the Supreme Administrative Court declared thatdecision null and void as having been issued in breach of the judgment of the Sofia Administrative Court of 1\u00a0April 2010.The court also instructed the mayor to issue an order for the conclusion of the exchange agreement.<\/p>\n 9.\u00a0\u00a0The mayor ordered the flat exchange on 6 March 2013 and the applicant signed a contract for the exchange on 25 June 2013.<\/p>\n II.\u00a0\u00a0RELEVANT DOMESTIC LAW AND PRACTICE<\/p>\n 10.\u00a0\u00a0The relevant domestic provisions concerning the enforcement of final administrative court judgments after 2006 have been set out in the Court\u2019s judgment in the case of Dimitar Yanakievv. Bulgaria (no. 2), no\u00a050346\/07, \u00a7\u00a7\u00a030\u201332, 31 March 2016.<\/p>\n THE LAW<\/strong><\/p>\n I.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE 6 \u00a7 1 OF THE CONVENTION<\/p>\n 11.\u00a0\u00a0The applicant complained that the judgment in her favour ordering the municipal authorities to swap her flat for a bigger municipal flat had remained unenforced for about three years, contrary to Article 6 \u00a7 1 of the Convention, which reads as follows:<\/p>\n \u201cIn the determination of his civil rights and obligations … everyone is entitled to a fair and public hearing within a reasonable time by [a] … tribunal …\u201d<\/p>\n A.\u00a0\u00a0Admissibility<\/strong><\/p>\n 12.\u00a0\u00a0The Court notes that the application is not manifestly ill-founded within the meaning of Article 35 \u00a7 3 (a) of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.<\/p>\n B.\u00a0\u00a0Merits<\/strong><\/p>\n 13.\u00a0\u00a0The applicant reiterated her complaint.<\/p>\n 14.\u00a0\u00a0The Government did not submit observations.<\/p>\n 15.\u00a0\u00a0The Court has repeatedly held that the right of access to a court includes the right to have a court decision enforced without undue delay (see, among many other authorities, Kotsar v. Russia, no. 25971\/03, \u00a7\u00a023, 29\u00a0January 2009; see also, within the context of military housing,Kravchenko and Othersv. Russia, nos. 11609\/05, 12516\/05, 17393\/05, 20214\/05, 25724\/05, 32953\/05, 1953\/06, 10908\/06, 16101\/06, 26696\/06, 40417\/06, 44437\/06, 44977\/06, 46544\/06, 50835\/06, 22635\/07, 36662\/07, 36951\/07, 38501\/07, 54307\/07, 22723\/08, 36406\/08 and 55990\/08, \u00a7\u00a7\u00a033\u201135, 16 September 2010). While delays in enforcement might be justified in exceptional circumstances, only periods strictly necessary to enable the authorities to find a satisfactory solution are covered (see DimitarYanakievv. Bulgaria (no. 2), no. 50346\/07, \u00a7 70, 31 March 2016).<\/p>\n 16.\u00a0\u00a0The Court observes that the Sofia Administrative Court\u2019s judgment of 1April 2010 ordering the mayor to carry out a particular actionbecame final and enforceable on 19 May 2010. Having explicitly refused to issue the requisite order (see paragraph 8 above), the mayor ultimately issued it on 6\u00a0March 2013, which was almost three years later. The authorities have not provided any explanation that could justify this delay. This is sufficient to enable the Court to conclude that in the present case there has been a violation of the applicant\u2019s right to have a final judgment in herfavour enforced without undue delay (compare withDimitarYanakiev (no.2), cited above, \u00a7 71).<\/p>\n 17.\u00a0\u00a0There has accordingly been a violation of Article 6 \u00a7 1 of the Convention.<\/p>\n II.\u00a0\u00a0APPLICATION OF ARTICLE 41 OF THE CONVENTION<\/p>\n 18.\u00a0\u00a0Article 41 of the Convention provides:<\/p>\n \u201cIf the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.\u201d<\/p>\n A.\u00a0\u00a0Damage<\/strong><\/p>\n 19.\u00a0\u00a0The applicant claimed 3,000 euros (EUR) in respect of non\u2011pecuniary damage.<\/p>\n 20.\u00a0\u00a0The Government did not comment.<\/p>\n 21.\u00a0\u00a0The Court finds that the failure of the authorities to act in accordance with the final judgment in the applicant\u2019s favour must have caused her emotional distress. It accordingly awards the applicant EUR\u00a01,800 in respect of non-pecuniary damage.<\/p>\n B.\u00a0\u00a0Default interest<\/strong><\/p>\n 22.\u00a0\u00a0The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1.\u00a0\u00a0Declaresthe application admissible;<\/p>\n 2.\u00a0\u00a0Holdsthat there has been a violation of Article 6 \u00a7 1 of the Convention;<\/p>\n 3.\u00a0\u00a0Holds<\/p>\n (a)\u00a0\u00a0that the respondent State is to pay the applicant, within three months,EUR 1,800 (one thousand and eight hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage,to be converted into Bulgarian levs at the rate applicable at the date of settlement;<\/p>\n (b)\u00a0\u00a0that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above-mentioned amount at a rate equal to the marginal lending rate of the European Central Bank during the default period, plus three percentage points;<\/p>\n 4.\u00a0\u00a0Dismissesthe remainder of the applicant\u2019s claim for just satisfaction.<\/p>\n Done in English, and notified in writing on 18 January 2018, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and 3 of the Rules of Court.<\/p>\n Anne-Marie Dougin\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Andr\u00e9 Potocki
\nM\u0101rti\u0146\u0161 Mits,
\nL\u04d9tif H\u00fcseynov, judges,
\nand Anne-Marie Dougin, Acting Deputy Section Registrar,<\/p>\n
\nActing Deputy Registrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n