European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2010/1606.html
Cite as: [2010] ECHR 1606
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FIFTH SECTION
DECISION
Application no.
47210/06
by Boris KITANOVSKI
against the former Yugoslav
Republic of Macedonia
The European Court of Human Rights (Fifth Section), sitting on 21 September 2010 as a Committee composed of:
Rait
Maruste,
President,
Mirjana
Lazarova Trajkovska,
Zdravka
Kalaydjieva,
judges,
and
Stephen Phillips, Deputy
Section Registrar,
Having regard to the above application lodged on 9 November 2006,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Mr Boris Kitanovski, a Macedonian national who was born in 1939 and lives in Bitola. He was represented before the Court by Ms A. Josevska, a lawyer practising in Bitola. The Macedonian Government (“the Government”) were represented by their Agent, Mrs R. Lazareska Gerovska.
On 22 February 2010 the Court decided to communicate the applicant's complaint concerning the length of civil proceedings in which a third party requested transfer of a property into his actual possession. The proceedings began in 1998 and ended on 18 May 2006 (date of service).
On 13 April 2010 and 15 June 2010, respectively, the Court received friendly settlement declarations signed by the parties under which the applicant 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 him 3,000 euros to cover any non-pecuniary damage as well as costs and expenses, which would be converted into Macedonian Denars at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. This sum would be payable to the personal account of the applicant 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 will constitute the final resolution of the case.
THE LAW
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.
Stephen Phillips Rait Maruste
Deputy Registrar President
