TIERCE v. SAN MARINO

2026-04-09T00:00:00
  FIFTH SECTION DECISION Application no. 23793/24 Jean Marc TIERCE against San Marino (see appended table) The European Court of Human Rights (Fifth Section), sitting on 9 April 2026 as a Committee composed of:  Andreas Zünd, President,  Diana Sârcu,  Mykola Gnatovskyy, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having regard to the above application against the Republic of San Marino lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 9 August 2024, Having regard to the formal declarations accepting a friendly settlement of the case, Having deliberated, decides as follows: FACTS AND PROCEDUREThe applicant’s details are set out in the appended table. The applicant was represented by Mr A. Stolfi, a lawyer practising in Dogana. The applicant’s complaints under Article 6 § 1 of the Convention concerning the length of his civil proceedings were communicated to the San Marinese Government (“the Government”) and the remainder of the application was declared inadmissible. The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against San Marino in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amount detailed in the appended table. This amount will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake 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 LAWThe 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 the Protocols thereto 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 13 May 2026.    Viktoriya Maradudina Andreas Zünd  Acting Deputy Registrar President APPENDIX Application raising complaints under Article 6 § 1 of the Convention (length of proceedings) Application no. Date of introduction Applicant’s name Year of birth Representative’s name and location Date of receipt of Government’s declaration Date of receipt of Applicant’s declaration Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1] 23793/24 09/08/2024 Jean Marc TIERCE 1950   Stolfi Alessandro Dogana 11/03/2026 10/03/2026 11,500     [1] Plus any tax that may be chargeable to the applicant.