by Vasilija TIMOVA and Others
against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (Fifth Section), sitting on 1 September 2009 as a Chamber composed of:
Mirjana Lazarova Trajkovska, judges,
and Claudia Westerdiek, Section Registrar,
Having regard to the above application lodged on 3 February 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
The applicants, Mr Aleksandar Timov (“the first applicant”), Mr Slavco Timov (“the second applicant”) and Mrs Vasilija Timova (“the third applicant”) are Macedonian nationals who were born in 1960, 1962 and 1936 respectively and live in Strumica. They were represented before the Court by Mr M. Pertemov, a lawyer practising in Strumica. The Macedonian Government (“the Government”) were represented by their Agent, Mrs R. Lazareska Gerovska.
On 1 December 2008 the Court decided to communicate the applicants’ complaint concerning the length of the proceedings for division of property which began in October 1997 and ended on 4 September 2006. The applicants also complained about alleged errors in facts and law.
On 12 March 2009 and 5 June 2009 respectively, the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against the former Yugoslav Republic of Macedonia in respect of the facts giving rise to this application against an undertaking by the Government to pay the first applicant 3,700 euros (EUR), as well as a joint award of EUR 2,400 for the second and the third applicants, to cover any non-pecuniary damage, costs and expenses, which would be converted into Macedonian denars at the rate applicable on the date of payment, and free of any taxes that may be applicable. This sum would 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 undertook 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 would constitute the 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 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.
Westerdiek Peer Lorenzen