European Court of Human Rights

FIFTH SECTION

DECISION

Application no. 35773/06
by Todor BALALOVSKI
against the former Yugoslav Republic of Macedonia

The European Court of Human Rights (Fifth Section), sitting on 2 December 2008 as a Chamber composed of:

Peer Lorenzen, President,
Rait Maruste,
Karel Jungwiert,
Renate Jaeger,
Mark Villiger,
Isabelle Berro-Lefèvre,
Mirjana Lazarova Trajkovska, judges,
and Claudia Westerdiek, Section Registrar,

Having regard to the above application lodged on 25 August 2006,

Having regard to the formal declarations accepting a friendly settlement of the case.

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Todor Balalovski, is a Macedonian national who was born in 1931 and lives in Resen. The Macedonian Government (“the Government”) were represented by their Agent, Mrs R. Lazareska Gerovska.

The application concerns a claim for compensation of pecuniary damage. The proceedings in question started on 2 December 1998 and ended with the Bitola Court of Appeal’s decision of 9 March 2006.

COMPLAINTS

The applicant complained under Article 6 of the Convention that his case had not been heard within a reasonable time and that the domestic courts had erred on facts and law. He also alleged lack of impartiality of the national judges.

THE LAW

On 10 July 2008 the Court received the following declaration from the Government:

“I, Radica Lazareska Gerovska, Agent of the Government, declare that the Government of the Republic of Macedonia offer to pay ex gratia 2,900 euros to
Mr Todor Balalovski with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any non-pecuniary damage as well as costs and expenses, will be converted into Macedonian Denars at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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 declaration signed and submitted to the Court by the applicant read, inter alia, as follows:

“I, Todor Balalovski, the applicant, note that the Government of the former Yugoslav Republic of Macedonia are prepared to pay me ex gratia the sum of 2,900 euros with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights ... I accept the proposal and waive any further claims against the former Yugoslav Republic of Macedonia in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”

The 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 its Protocols and finds no public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). In view of the above, it should be struck out of the list.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Claudia Westerdiek Peer Lorenzen
Registrar President