European Court of Human Rights

FIFTH SECTION

DECISION

Application no. 30917/05
by Marjanco GORGIEV
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 6 August 2005,

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

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Marjanco Gorgiev, is a Macedonian national who was born in 1964 and lives in Veles. The Macedonian Government (“the Government”) were represented by their Agent, Mrs R. Lazareska Gerovska.

The application concerns a claim for a right to servitude (службеност). The proceedings in question started on 20 June 1996 and ended on 8 February 2005, when the Skopje Court of Appeal’s decision of 21 January 2005 was served on the applicant.

COMPLAINTS

The applicant complained under Article 6 of the Convention that his case had not been heard within a reasonable time and that the first instance court’s judge had lacked the requisite impartiality.

The applicant also complained that the protracted length of the proceedings had infringed his rights under Article 8 of the Convention and Article 1 of Protocol No. 1.

THE LAW

On 16 April 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 Marjančo Gorgiev 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 non-pecuniary damage as well as costs and expenses, will be converted into Macedonian Denars at the rate applicable on the date of payment. 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.”

On 2 April 2008 the Court received a declaration, duly signed by the applicant, which read, inter alia, as follows:

“I, Marjančo Gorgiev, 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