European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/1147.html
Cite as: [2011] ECHR 1147
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FIRST SECTION
DECISION
Application no.
10895/05
by Petar NAKOV
against the former
Yugoslav Republic of Macedonia
The European Court of Human Rights (First Section), sitting on 28 June 2011 as a Committee composed of:
Anatoly
Kovler,
President,
George
Nicolaou,
Mirjana
Lazarova Trajkovska,
judges,
and
André Wampach,
Deputy Section
Registrar,
Having regard to the above application lodged on 14 March 2005,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Petar Nakov, is a Macedonian national who was born in 1946 and lives in Strumica. He was represented before the Court by Ms V. Velkova, a lawyer practising in Strumica. The Macedonian Government (“the Government”) were represented by their Agent, Mrs R. Lazareska Gerovska.
On 5 January 2011 the Court decided to communicate the applicant’s complaint concerning the length of civil proceedings in which he requested removal of a source of damage. The proceedings began on 12 August 1994 and ended on 14 March 2006.
On 9 and 17 March 2011 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 3,500 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 would be free of any taxes that may be applicable. This sum would be payable to the personal accounts 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 would 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 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.
André Wampach Anatoly
Kovler
Deputy
Registrar President