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FIRST
SECTION
CASE OF IGNATYEVA v. RUSSIA
(Application
no. 10277/05)
JUDGMENT
STRASBOURG
3 April
2008
This
judgment will become final in the circumstances set out in Article 44
§ 2 of the Convention. It may be subject to editorial
revision.
In the case of Ignatyeva v. Russia,
The
European Court of Human Rights (First Section), sitting as a Chamber
composed of:
Christos Rozakis,
President,
Anatoly Kovler,
Elisabeth
Steiner,
Dean Spielmann,
Sverre Erik
Jebens,
Giorgio Malinverni,
George Nicolaou,
judges,
and Søren
Nielsen, Section
Registrar,
Having
deliberated in private on 13 March 2008,
Delivers
the following judgment, which was adopted on that date:
PROCEDURE
- The
case originated in an application
(no. 10277/05) against the
Russian Federation lodged with the Court
under Article 34 of the Convention for the Protection
of Human Rights and Fundamental Freedoms (“the Convention”)
by a Russian national, Ms Vera
Pavlovna Ignatyeva (“the applicant”), on 22 June 2003.
- The
applicant was represented by the Centre of Assistance to
International Protection, a Moscow-based human rights organisation.
The Russian Government (“the Government”)
were initially represented by Mr P. Laptev, the former
Representative of the Russian Federation at the European Court of
Human Rights, and subsequently by their Representative, Mrs V.
Milinchuk.
- On
16 June 2006 the Court
decided to give notice of the application to the Government. Applying
Article 29 § 3 of the Convention, it decided to rule on the
admissibility and merits of the application at the same time.
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
- The
applicant was born in 1940 and lives in Moscow.
- In 1990 the applicant's mother was allegedly tricked
into selling her house. On 19 February 1996 the local administration
seized the plot of land on which the house was situated from the
applicant's mother, and on 20 February 1996 allocated it to the
buyer of the house, Mr L. Subsequently, Mr L. sold the house to Mr
Ch., and the title to the plot of land was transferred to him.
A. First examination of the case
- On 18 April 1996 the applicant, on behalf of her
incapable mother, challenged the decision of 20 February 1996 before
a court claiming that the title to the plot of land in question
belonged to her mother. However, on 29 April 1996 the
proceedings were suspended until the outcome of another set of
proceedings to which the applicant was a party.
- On 5 July 1996 the proceedings were resumed.
- On 11 July 1996 the Novosilskiy District Court of the
Orel Region dismissed the applicant's claim. On 19 August
1996 the Orel Regional Court quashed the judgment on appeal and
remitted the case for a new examination.
- In the meantime the applicant's mother died, and on 11
November 1996 the proceedings were suspended pending the
determination of her legal successor. On 8 September 1997 the court
designated the applicant as her mother's legal successor and resumed
the proceedings.
- On 19 November 1997 the Korsakovskiy District Court of
the Orel Region dismissed the applicant's claim. The judgment was not
appealed against and became final.
B. Supervisory review and further proceedings
- At the request of the Prosecutor of the Orel Region
submitted in the interests of the applicant, on 25 February 1999 the
Presidium of the Orel Regional Court quashed the judgment of 19
November 1997 by way of supervisory review, because of numerous
violations of the procedural rules set out in the domestic
legislation, and remitted the case for a new examination.
- As regards the four hearings scheduled between 6 April
1999 and 8 July 1999 two were adjourned due to the absence of
the defendants, one was adjourned because the applicant did not
attend and one was adjourned at the latter's request.
- On 8 July 1999 the hearing was adjourned until 24
September 1999 due to the parties' absence.
- On 24 September 1999 the Korsakovskiy District Court
disallowed the action, because the applicant had repeatedly
defaulted. However, on 8 December 1999 the Orel Regional Court
quashed the above decision on appeal, having found that the applicant
had not been duly summoned for the hearings of 8 July and 24
September 1999, and remitted the case for a new examination.
- On 29 March 2000 the Korsakovskiy District Court
dismissed the applicant's claim. On 21 June 2000 the Orel Regional
Court quashed the judgment on appeal and remitted the case for a new
examination.
- As regards the five hearings scheduled between 11
September 2000 and 17 April 2001 three were adjourned because the
defendants did not attend, one was adjourned because one of the
defendants had not been notified of the hearing and one was adjourned
because the court considered it necessary to examine additional
evidence.
- On 3 May 2001 the Korsakovskiy District Court granted
the applicant's claim in part and annulled the decision of 20
February 1996 concerning the allocation of the plot of land to Mr L.,
the registration of the latter's title to the disputed plot of land,
the sale contract between Mr L. and Mr Ch. and the registration
of the latter's title to the plot of land at issue. On 14 May
2001 the District Court delivered an additional judgment by which it
annulled the decision of the local administration concerning the land
seizure. No appeal was lodged against the judgments, and on 24 May
2001 they became final and binding.
- On 5 August 2002 the applicant's title to the plot of
land was registered in the real estate register.
C. Subsequent supervisory review and further
proceedings
- On 28 January 2003 the President of the Orel Regional
Court introduced an application for supervisory review of the
judgments of 3 May and 14 May 2001.
- On 13 February 2003 the Presidium of the Orel Regional
Court quashed the judgments of 3 May and 14 May 2001 by way of
supervisory review and remitted the case for a new examination. The
reason for quashing was the alleged breach of the provisions of
substantive law by the lower courts.
- As regards the subsequent five hearings scheduled
between 6 May 2003 and 28 August 2003 one was adjourned because the
applicant did not appear, one was adjourned in order to obtain the
attendance of additional witnesses, one was adjourned due to the
examination of the request to suspend the proceedings filed by the
applicant, one was adjourned because the applicant had submitted
additional claims and one was adjourned at the request of the
defendants in order to complete the preparation of their
counterclaims.
- On 9 September 2003 the defendants requested a
transfer of the case to another court. By decision of 18 September
2003 the Korsakovskiy District Court granted their request and
transferred the case to the Novosilskiy District Court. However, on
29 October 2003 the Orel Regional Court quashed this decision on
appeal.
- As regards the three hearings fixed between 26
November 2003 and 25 December 2003 one was adjourned because the
applicant did not attend and two were adjourned because the
defendants did not attend.
- On 28 January 2004 the Korsakovskiy District Court
dismissed the applicant's claims. However, on 12 May 2004 the Orel
Regional Court quashed the decision on appeal and remitted the case
for a new examination.
- On 31 May 2004 the Korsakovskiy District Court
suspended the proceedings until the outcome of other proceedings to
which the applicant was a party. Those proceedings concerned the
issue as to whether or not the applicant's mother had been the proper
owner of the plot of land. By judgment of 17 November 2004, as upheld
on appeal on 19 January 2005, the court held that the title of the
applicant's now deceased mother to the plot of land was to be
annulled. Thereafter the proceedings of the present case were resumed
on 27 January 2005.
- On 15 February 2005 the Korsakovskiy District Court
dismissed the applicant's claim. The court held that since by the
judgment of 17 November 2004, as upheld on appeal on 19 January
2005, the title of the applicant's mother to the plot of land at
issue was annulled, the applicant's claims were unsubstantiated. On
27 April 2005 the Orel Regional Court upheld the judgment on appeal.
Accordingly, the applicant's title to the plot of land of 5 August
2002 was invalidated.
II. RELEVANT DOMESTIC LAW
- For relevant provisions of Russian law on the
supervisory review proceedings applicable at the material time see
Ryabykh v. Russia (no. 52854/99, §§
31-42, ECHR 2003-IX).
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE
CONVENTION
- The
applicant complained that the length of the proceedings had been
incompatible with the “reasonable time” requirement, laid
down in Article 6 § 1 of the Convention, which reads as follows:
“In the determination of his civil rights and
obligations ..., everyone is entitled to a ... hearing within a
reasonable time by [a] ... tribunal...”
- The
Government submitted that the case had been of some complexity as it
required the determination of a number of questions concerning the
persons whose property rights could have been affected by the
proceedings at issue; it also involved the assessment of intricate
factual circumstances and had been complicated by the fact that the
applicant on several occasions amended her claims and had been
involved in other proceedings closely related to the dispute in
question. In this respect the applicant submitted, first of all, that
the essence of her complaint was to challenge the decisions of the
local administration and the lawfulness of the sale contract, which
did not represent any particular complexity from the standpoint of
legal analysis. The case did not call for any lengthy process of
establishing the factual circumstances, examination of witnesses or
performing complex expert examinations. Secondly, the parties to the
proceedings were determined as early as 25 February 1999, and no
modifications in this regard were made by the end of the proceedings.
The proceedings relating to other claims filed by the applicant did
not obstruct the proceedings in question as they were not directly
linked to the merits of the complaint at issue. Thirdly, neither the
issue of succession after the decease of the applicant's mother could
impede the proceedings, given that it had been settled as early as
1996-97. Since then the applicant had been acting on her own behalf.
Finally, after the judgment of 19 November 1997 had been quashed by
way of supervisory review it took the domestic courts one or two
hearings to decide on the merits of the case.
- The
Government further claimed that the applicant herself had contributed
to the length of the proceedings: at least six hearings were
adjourned due to the applicant's failure to appear and one hearing
was adjourned following the applicant's motion. Besides, from 23 May
to 15 August 2003 the proceedings were suspended at the
applicant's request and from 25 August to 27 January 2005 they were
suspended in the applicant's interests pending the outcome of a
related dispute to which the applicant was a party. The applicant
disagreed with the Government and argued that she had regularly
attended the hearings with the exception of those of which she had
not been duly notified. Furthermore, she contested the Government's
argument as regards the alleged suspension of the proceedings from 23
May to 15 August 2003 upon her request. In this respect the applicant
relied on the decision of 23 May 2003 concerning the dismissal of her
request to suspend the proceedings.
- The
Government finally submitted that no substantial periods of the
courts' inactivity, save for the aforementioned periods when the
proceedings were suspended in the applicant's interests, can be
attributable to the domestic authorities: the hearings were scheduled
at regular intervals and the parties' requests were examined
promptly. Moreover, nine hearings were adjourned due to the failure
of the defendants to appear, and the domestic authorities cannot be
blamed for these delays. Finally, the Government noted that the
courts of three levels of jurisdiction were actively involved in the
applicant's case and examined the case four times, which demonstrates
that the domestic courts did not stay idle. In reply the applicant
submitted that the proceedings several times spanned three levels of
jurisdiction, including the supervisory review, which shows that the
courts delayed the proceedings by committing numerous violations of
substantive and procedural provisions of the domestic law.
Furthermore, the applicant pointed out several instances of
unjustified delays caused by the domestic authorities. In particular,
from 25 February 1999 to 29 March 2000 six hearings were scheduled,
of which only one took place. From 21 June 2000 to 3 May 2001
six hearings were scheduled and only one of them took place. On many
occasions the hearings were postponed due to the absence of the
defendants. Besides, several times the domestic court had failed to
summon the applicant for the hearings. In particular, the applicant
had not been notified of the hearings of 8 July 1999 and 24 September
1999, which had been confirmed by the decision of the regional court
of 8 December 1999. The delay incurred therefrom amounted to
eight months and twenty-one days. She further claimed not to have
been notified of the hearings of 6 May and 26 November 2003, 14
January 2004. A delay of almost two months was caused by the decision
of the district court of 18 September to transfer the case to
another court.
- Regard
being had to the above circumstances, the Government concluded that,
although the proceedings in the applicant's case were rather lengthy,
the requirement of the reasonableness of the length of the
proceedings enshrined in Article 6 § 1 of the Convention was
nevertheless complied with by the domestic authorities. The applicant
disagreed with the Government and maintained her complaint.
A. Period to be considered
- The
Court observes that the applicant, on behalf of her mother,
introduced her claim on 18 April 1996, however, it only has
competence ratione temporis to examine the period after 5 May
1998 when the Convention entered into force in respect of Russia.
- The
Court further observes that only those periods should be taken in to
account when the case was actually pending before the courts, i.e.
the periods when there was no effective judgment in the determination
of the merits of the applicant's dispute and when the authorities
were under an obligation to pass such a judgment. The periods during
which the domestic courts decided whether or not to re-open the case
should also be excluded since Article 6 does not apply to such
proceedings (see, for example, Skorobogatova v. Russia, no.
33914/02, § 39, 1 December 2005, with further references).
- It
follows that after 5 May 1998 the proceedings were pending during two
periods. The first period commenced on 25 February 1999 with the
supervisory-review decision and ended on 24 May 2001 when the
judgments of 3 May and 14 May 2001 became final. The second period
commenced on 13 February 2003 with another supervisory-review
decision and ended on 27 April 2005 when the judgment of 15 February
2005 became final. Therefore, in post-ratification period the
proceedings lasted for four years five months and ten days.
B. Reasonableness of the length of proceedings
- The
Court reiterates that the reasonableness of the length of proceedings
must be assessed in the light of the circumstances of the case and
with reference to the following criteria: the complexity of the case,
the conduct of the applicant and the relevant authorities and what
was at stake for the applicant in the dispute (see, among many other
authorities, Frydlender v. France [GC], no. 30979/96, §
43, ECHR 2000-VII).
- The
Court considers that the applicant's civil case was a relatively
complex one. The domestic courts were confronted with claims of
several parties who sought a confirmation of their title to the
contested plot of land. On several occasions the parties changed and
amended their claims. The Court finds that the task of the courts was
rendered more difficult by these factors, although it cannot accept
that the complexity of the case, taken on its own, was such as to
justify the overall length of the proceedings (see Malinin v.
Russia (dec.), no. 58391/00, 8 July 2004, and Antonov
v. Russia (dec.), no. 38020/03, 3 November 2005).
- The
Court notes that the parties disagreed on certain factual matters
concerning the applicant's attendance of the hearings. While the
Government claimed that the applicant had been absent from at least
six hearings, the applicant submitted that she had attended all
hearings save for those few hearings of which she had not been
notified. The Court does not consider it necessary to examine the
matter in detail because the delay incurred through the applicant's
absence was negligible. The Government's statement concerning the
suspension of the proceedings from 23 May to 15 August 2003
pursuant to the applicant's request is not supported by the material
provided by the parties. As to the Government's argument that the
applicant contributed to the delay by changing and amending her
claims, the Court reiterates that the applicant cannot be blamed for
taking full advantage of the resources afforded by national law in
the defence of her interest (see, mutatis mutandis, Yağcı
and Sargın v. Turkey, judgment of 8 June 1995, Series A
no. 319-A, § 66).
- The
Court discerns certain delays of the proceedings attributable to the
domestic authorities. Some eight months elapsed from 8 July 1999 when
the domestic court had failed to summon the applicant for the hearing
until 29 March 2000 when the judicial errors committed as a
result of the applicant's non-notification were rectified and the
court renewed the examination of the case. A delay of approximately
two months occurred from 18 September 2003 when the case had been
transferred from the Korsakovskiy District Court to the Novosilskiy
District Court until 26 November 2003 when the Korsakovskiy
District Court renewed the examination of the applicant's case.
Finally, the proceedings were suspended for approximately eight
months, from 31 May 2004 until 27 January 2005, pending the
outcome of the other set of the proceedings to which the applicant
was a party.
40. Apart
from these periods, however, the hearings were scheduled at regular
intervals and the parties' requests were examined in the same or in
the following hearing. In four years five months and ten days the
case was examined four times by the first instance court and three
times by the court of appeal. The Court recalls that in principle the
involvement of numerous instances does not absolve the judicial
authorities of complying with the reasonable time requirement of
Article 6 § 1 (see Kuznetsov
v. Russia (dec.),
no. 73994/01, 17 June 2004). However, a period of four years five
months and ten days when different judicial authorities
were constantly dealing with the case does not necessarily offend the
guarantees of Article 6 § 1 (see Kravchuk v. Russia
(dec.), no. 72749/01, 1 February 2005, and Pronina v. Russia
(dec.), no. 65167/01, 30 June 2005).
- The
Court does not lose sight of the fact that on many occasions the
hearings were adjourned because the defendants or the applicant
failed to appear, and for other reasons related to proper
administration of justice. In this respect the Court recalls that
only delays attributable to the State may justify a finding of
failure to comply with the “reasonable time” requirement
(see Des Fours Walderode v. the Czech Republic (dec.), no.
40057/98, 4 March 2003).
- Having regard to the above, the Court considers that
in so far as it falls within its competence ratione temporis the
complaint does not disclose any appearance of a violation of the
applicant's right to a determination of her civil rights within a
reasonable time. It follows, therefore, that this part of the
application is manifestly ill-founded within the meaning of
Article 35 § 3 of the Convention and must be rejected
in accordance with Article 35 § 4 of the Convention (see, a
contrario, Kormacheva v. Russia, no 53084/99, 21
January 2004).
II. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE
CONVENTION AND ARTICLE 1 OF PROTOCOL NO. 1 ON ACCOUNT OF THE QUASHING
OF THE JUDGMENTS IN THE APPLICANT'S FAVOUR
- The
applicant further complained that the quashing, on 13 February 2003,
of the final judgments of 3 May and 14 May 2001 by way of
supervisory-review proceedings had violated her “right to a
court” under Article 6 § 1 of the Convention and her right
to the peaceful enjoyment of possessions under Article 1 of Protocol
No. 1. The relevant parts of these provisions read as follows:
Article 6 § 1
“In the determination of his civil rights and
obligations ..., everyone is entitled to a fair ... hearing within a
reasonable time... by [a]... tribunal...”
Article 1 of Protocol No. 1
“Every natural or legal person is entitled to the
peaceful enjoyment of his possessions. No one shall be deprived of
his possessions except in the public interest and subject to the
conditions provided for by law and by the general principles of
international law...”
A. Admissibility
- The Court considers that this complaint is not
manifestly ill-founded within the meaning of Article 35 § 3 of
the Convention. It further notes that it is not inadmissible on any
other grounds. It must therefore be declared admissible.
B. Merits
1. Alleged violation of Article 6 of the Convention
- The
Government submitted that the quashing of the judgments of the
Korsakovskiy District Court of 3 May and 14 May 2001 by way of
supervisory review did not breach the guarantees of a fair trial set
forth in Article 6 § 1 of the Convention since the reason
for quashing had been the failure on behalf of the lower court to
establish certain factual circumstances significant for the
examination of the case and the failure to correctly apply the
domestic law.
- The applicant averred that the quashing of the final
judgments in her case had irremediably impaired the principle of
legal certainty.
- The
Court reiterates that the right to a fair hearing before a tribunal
as guaranteed by Article 6 § 1 of the Convention must be
interpreted in the light of the Preamble to the Convention, which
declares, in its relevant part, the rule of law to be part of the
common heritage of the Contracting States. One of the fundamental
aspects of the rule of law is the principle of legal certainty, which
requires, among other things, that where the courts have finally
determined an issue, their ruling should not be called into question
(see Brumărescu v. Romania, judgment of 28 October 1999,
Reports of Judgments and Decisions 1999-VII, § 61).
- This principle insists that no party is entitled to
seek re-opening of the proceedings merely for the purpose of a
rehearing and a fresh decision of the case. Higher courts' power to
quash or alter binding and enforceable judicial decisions should be
exercised for correction of fundamental defects. The mere possibility
of two views on the subject is not a ground for re-examination.
Departures from that principle are justified only when made necessary
by circumstances of a substantial and compelling character (see,
mutatis mutandis, Ryabykh v. Russia, no. 52854/99, §
52, ECHR 2003-X, and Pravednaya v. Russia, no. 69529/01, §
25, 18 November 2004).
- The
Court reiterates that Article 6 § 1 secures to everyone the
right to have any claim relating to his civil rights and obligations
brought before a court or tribunal. In this way it embodies the
“right to a court”, of which the right of access, that is
the right to institute proceedings before courts in civil matters,
constitutes one aspect. However, that right would be illusory if a
Contracting State's domestic legal system allowed a final and binding
judicial decision to be quashed by a higher court on an application
made by a State official whose power to lodge such an application is
not subject to any time-limit, with the result that the judgments
were liable to challenge indefinitely (see Ryabykh, cited
above, §§ 54-56).
- The
Court observes that on 3 May and 14 May 2001 the Korsakovskiy
District Court partly accepted the applicant's claims and annulled
the decision of 20 February 1996 concerning the allocation of the
plot of land to Mr L., as well as registration of the latter's title
to the disputed plot of land, the sale contract between Mr L. and Mr
Ch. and the registration of the latter's title to the plot of land at
issue. No appeal was lodged against the judgments, and they became
binding and enforceable. On 13 February 2003, that is more than
twenty months later, the judgments of 3 May and 14 May 2001 were
quashed in the framework of the supervisory-review procedure
initiated by the President of the Orel Regional Court who was a State
official and was not a party to the proceedings (see paragraph 19
above).
- The
Court has found a violation of an applicant's “right to a
court” guaranteed by Article 6 § 1 of the Convention in
many cases in which a judicial decision that had become final and
binding, was subsequently quashed by a higher court on an application
by a State official whose power to intervene was not subject to any
time-limit (see Roseltrans v. Russia, no. 60974/00, §§
27-28, 21 July 2005; Volkova v. Russia, no. 48758/99,
§§ 34-36, 5 April 2005; and Ryabykh, cited
above, §§ 51-56).
- Having
examined the material submitted to it, the Court observes that the
Government have not put forward any fact or argument capable of
persuading it to reach a different conclusion in the present case.
- The Court finds, therefore, that there has been a
violation of Article 6 § 1 of the Convention on account of
the quashing of the judgments given in the applicant's case by way of
supervisory-review proceedings.
2. Alleged violation of Article 1 of Protocol No. 1
- The
Government advanced no argument in respect of this Article.
- The
applicant maintained her complaint.
- The
Court recalls that Article 1 of Protocol No. 1 enshrines the right of
everyone to the peaceful enjoyment of his possessions. Where a person
actually possessed a property and was considered its owner for all
legal purposes he or she can be said to have had a “possession”
within the meaning of Article 1 of Protocol No. 1 (see Zhigalev v.
Russia, no. 54891/00, § 131, 6 July 2006). Turning to
the circumstances of the present case, the Court observes that
following the judgments of 3 May and 14 May 2001 the applicant
obtained registration of her title to the disputed plot of land. The
quashing of those judgments in supervisory-review procedure on 13
February 2003 led to invalidation of the applicant's title. Regard
being had to its findings as to the compatibility of the above
decision with the guarantees of Article 6 § 1 of the Convention
(see paragraph 53 above), the Court finds that the setting aside of
the final and binding judgments in the applicant's favour in
supervisory review proceedings for the sake of correcting alleged
factual and judicial errors constituted an unjustified interference
with the applicant's possessions, protected by virtue of Article 1 of
Protocol No. 1 to the Convention. Therefore, there has been a
violation of this Convention provision.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
- Article
41 of the Convention provides:
“If 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.”
- In
respect of pecuniary damage, the applicant claimed 86,843 euros
(EUR). This sum represents the money which the applicant believed to
have been able to recover from the disputed plot of land had her
title to it not been contested. She further claimed EUR 12,000 in
respect of the non-pecuniary damage. Lastly, the applicant claimed
EUR 609 for costs and expenses incurred in the national courts.
- The
Government argued that there was no causal link between the violation
found and the damage alleged. In any event, the applicant's claims
were unreasonable and excessive. The Government further argued that
no compensation of costs and expenses should be awarded to the
applicant since she had failed to substantiate her claim with any
receipts or vouchers on the basis of which the amount claimed could
be established.
- The Court considers that the question of the
application of Article 41 is not ready for decision. Accordingly, it
shall be reserved and the subsequent procedure fixed having regard to
any agreement which might be reached between the Government and the
applicant (Rule 75 § 1 of the Rules of Court).
FOR THESE REASONS, THE COURT UNANIMOUSLY
- Declares the complaint concerning the quashing
of the final judgments of 3 May and 14 May 2001 admissible and the
remainder of the application inadmissible;
- Holds that there has been a violation of Article
6 of the Convention and Article 1 of Protocol No. 1 on account of the
quashing of the final judgments of 3 May and 14 May 2001 by way of
supervisory review;
- Holds that the question of the application of
Article 41 is not ready for decision; accordingly,
(a) reserves
the said question in whole;
(b) invites
the Government and the applicant to submit, within the forthcoming
three months, their written observations on the matter and, in
particular, to notify the Court of any agreement that they may reach;
(c) reserves
the further procedure and delegates to the President of the
Chamber power to fix the same if need be.
Done in English, and notified in writing on 3 April 2008, pursuant to
Rule 77 §§ 2 and 3 of the Rules of Court.
Søren Nielsen Christos Rozakis
Registrar President