European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2010/302.html
Cite as: [2010] ECHR 302
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FIFTH SECTION
DECISION
Application no.
19036/04
by Ivan Marinov NIKOLOV
against Bulgaria
The European Court of Human Rights (Fifth Section), sitting on 9 February 2010 as a Chamber composed of:
Peer
Lorenzen,
President,
Renate
Jaeger,
Karel
Jungwiert,
Rait
Maruste,
Isabelle
Berro-Lefèvre,
Mirjana
Lazarova Trajkovska,
Zdravka
Kalaydjieva,
judges,
and
Claudia Westerdiek, Section
Registrar,
Having regard to the above application lodged on 5 May 2004,
Having regard to the partial decision of 18 November 2008,
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 Ivan Marinov Nikolov, a Bulgarian national who lives in Teteven (“the applicant”). He was represented before the Court by Mr M. Ekimdzhiev and Ms K. Boncheva, lawyers practising in Plovdiv. The Bulgarian Government (“the Government”) were represented by their Agent, Ms S. Atanasova, of the Ministry of Justice.
The applicant complained, inter alia, that the compensation which he had received in respect of his pre trial detention had been reduced on account of the high court fees which he had been required to pay in the context of the compensation proceedings.
On 18 November 2008 the Court decided to communicate the above complaint to the Government. On 22 December 2008 and 4 December 2009 the Court received friendly settlement declarations signed by the parties, under which the applicant agreed to waive any further claims against Bulgaria in respect of the facts giving rise to his application in return for an undertaking by the Government to pay him EUR 2,500 in respect of any pecuniary and non pecuniary damage, as well as costs and expenses. That sum would be converted into Bulgarian levs at the rate applicable on the date of payment, and free of any taxes that may be applicable. The entirety of that sum would be payable within three months from the date of notification of the decision taken by the Court under Article 37 § 1 of the Convention. In the event of failure to pay that 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 LAW
The Court takes note of the friendly settlement between the parties. It is satisfied that it is based on respect for human rights as defined in the Convention and its Protocols, and finds no reasons justifying the continued examination of the application (Article 37 § 1 in fine of the Convention).
It therefore considers it appropriate to strike the case out of its list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Claudia Westerdiek Peer Lorenzen
Registrar President