CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 15 octobre 1993

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }       The Committee of Ministers, under the terms of Article 54 (art. 54) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),        Having regard to the judgments of the European Court of Human Rights in the case of Pine Valley Developments Ltd and others delivered on 29 November 1991 and 9 February 1993 and transmitted the same days to the Committee of Ministers;        Recalling that the case originated in an application against Ireland lodged with the European Commission of Human Rights on 6 January 1987 under Article 25 (art. 25) of the Convention by two Irish companies, Pine Valley Developments Ltd and Healy Holdings Ltd and by Mr Daniel Healy, an Irish national, who complained that there had been a failure to validate retrospectively the outline planning permission or to provide compensation or other remedy for the reduction in value of their property, that there had been discrimination in the enjoyment of their property rights, and that they did not have an effective remedy under Irish law in respect of these complaints;        Recalling that the case was brought before the Court by the Commission on 11 July 1990 and by the Government of Ireland on 11 September 1990;        Whereas in its judgment of 29 November 1991 the Court:        - dismissed unanimously the Government's plea that the      applicants cannot claim to be victims of a violation of the      Convention;        - held unanimously that the Government was estopped from      relying on the rule of exhaustion of domestic remedies as      regards the possibilities of:        a.    seeking judicial review of, or appealing to the           Planning Board against, Dublin County Council's           decision of 10 December 1982;        b.    seeking compensation under section 55 of the Local           Government (Planning and Development) Act 1963;        c.    having recourse to the "purchase notice" machinery           provided for by section 29 of the same act;        - dismissed unanimously the remainder of the objection that      domestic remedies had not been exhausted;        - held unanimously that, as regards Pine Valley, there had      been no violation of Article 1 of Protocol No. 1 (P1-1),      taken alone or in conjunction with Article 14      (art. 14+P1-1) of the Convention;        - held by six votes to three that, as regards Healy      Holdings and Mr Healy, there had been no violation of the      said Article 1 (P1-1);        - held unanimously that, as regards Healy Holdings and      Mr Healy, there had been a violation of the said      Article 14, taken in conjunction with the said Article 1      (art. 14+P1-1);        - held unanimously that there had been no violation of      Article 13 (art. 13) of the Convention;        - held unanimously that the question of the application of      Article 50 (art. 50) as regards Healy Holdings and Mr Healy      was not ready for decision;        Whereas in its judgment of 9 February 1993 the Court unanimously:        - held that Ireland was to pay, within three months:        a.    to Healy Holdings Ltd and Mr Healy jointly the sum of      1,2 million Irish pounds for pecuniary damage, the sum of      42 655,11 Irish pounds for domestic costs and expenses and      the sum of 70 000 Irish pounds, together with any value-      added tax that may be due, for Strasbourg costs and      expenses;        b.    to Mr Healy the sum of 50 000 Irish pounds for non-      pecuniary damage;        - dismissed the remainder of the claim for just      satisfaction;        Having regard to the rules adopted by the Committee of Ministers concerning the application of Article 54 (art. 54) of the Convention;        Having invited the Government of Ireland to inform it of the measures which had been taken in consequence of the judgments of 29 November 1991 and 9 February 1993, having regard to its obligation under Article 53 (art. 53) of the Convention to abide by them;        Whereas, during the examination of the case by the Committee of Ministers, the Government of Ireland gave the Committee information about the measures taken in consequence of the judgments, which information appears in the appendix to this resolution;        Having satisfied itself that the Government of Ireland has paid the sums provided for in the judgment of 9 February 1993,        Declares, after having taken note of the information supplied by the Government of Ireland, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.                  Appendix to Resolution DH (93) 43         Information provided by the Government of Ireland             during the examination of the case of            Pine Valley Developments Ltd and others                  by the Committee of Ministers        Competing claims have been made to the just satisfaction awarded by the Court by the receiver of Healy Holdings Limited and by the Irish tax authorities.        On 13 May 1993 three cheques representing the full amount of the just satisfaction were offered by the Government (one for 1,2 million Irish pounds payable to "Daniel Healy and Healy Holdings Limited (in receivership)" in respect of pecuniary damage, a second for 50 000 Irish pounds payable to Daniel Healy in respect of non-pecuniary damage and a third for 127 061,11 Irish pounds payable to the applicants' solicitors in respect of costs and expenses).   The cheques were rejected by the applicants' solicitors on the basis that the cheque in respect of the 1,2 million Irish pounds was payable to "Daniel Healy and Healy Holdings Limited (in receivership)".        In the meantime (on 12 May 1993) the applicants' solicitors had applied to the Irish High Court for an order which would have obliged the Government to make the full award of just satisfaction payable to them.   Following the rejection of the monies and the High Court being made aware of the competing claims, the High Court directed the Government to pay the entire award into the Irish courts to be held, in an interest bearing account, pending resolution of the competing claims.        On 14 May 1993, the Government paid a cheque in the amount of 1 377 061,11 Irish pounds, representing the full amount of the just satisfaction, into the Irish courts.   The receiver of Healy Holdings Ltd has since discontinued his claim.        The various claims were settled by orders of the High Court of 6 and 23 July and 10 August 1993.   The outcome of these proceedings has been as follows: with the consent of Mr Healy, the sum awarded by the Court for just satisfaction with accrued interest thereon has been paid out to Mr Healy or to his solicitors, with the exception of a sum of 225 000 Irish pounds which was paid out to the Revenue Commissioners.