CASE OF DELINA v. BULGARIA
Violation of Article 6 - Right to a fair trial (Article 6 - Enforcement proceedings;Article 6-1 - Access to court)
André Potocki;Mārtiņš Mits
5. The applicant was born in 1938 and lives in Sofia. 6. The Sofia Municipal Council approved the exchange of a municipal flat for a smaller flat owned and occupied by the applicant in 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’s tacit refusal to act. The Sofia Administrative Court quashed the mayor’s tacit refusal in a judgment of 1 April 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. 7. By 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’s decision of 25 March 2010 null and void. 8. On 18 April 2011 the mayor issued a decision explicitly refusing to issue an 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 that decision null and void as having been issued in breach of the judgment of the Sofia Administrative Court of 1 April 2010. The court also instructed the mayor to issue an order for the conclusion of the exchange agreement. 9. The mayor ordered the flat exchange on 6 March 2013 and the applicant signed a contract for the exchange on 25 June 2013.