by Ljubica SIMIONOVA
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:
Mirjana Lazarova Trajkovska,
Linos-Alexandre Sicilianos, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 9 February 2007,
Having deliberated, decides as follows:
The applicant, Ms Ljubica Simionova, is a Macedonian national who lives in Kočani. The Macedonian Government (“the Government”) were represented by their Agent, Mrs R. Lazareska Gerovska.
On 4 November 2010 the Court decided to communicate the applicant’s complaint concerning the length of civil proceedings in which she claimed annulment of a competition for state-owned apartments. The proceedings began on 1 February 1992 and ended on 22 September 2006.
On 25 January 2011 the Court received friendly settlement declaration signed by the Government under which the Government accepted to pay the applicant 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.
The applicant was subsequently invited to submit her position regarding the friendly settlement proposal and the Government’s acceptance thereof. However, by letter dated 16 March 2011 the applicant informed the Court that she wanted to withdraw the application. On 23 March 2011, the applicant reiterated that she wished to withdraw her application.
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, the Court considers that it is no longer justified to continue the examination of the application within the meaning of Article 37 § 1 (a) 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
Deputy Registrar President