European Court of Human Rights

FOURTH SECTION

DECISION

Application no. 101/06
by Petko Krastev RADOMIROV and Lalka Krasteva RADOMIROVA ERESHTENKO
against Bulgaria

The European Court of Human Rights (Fourth Section), sitting on 5 July 2011 as a Committee composed of:

Lech Garlicki, President,
Zdravka Kalaydjieva,
Nebojša Vučinić, judges,
and Lawrence Early, Section Registrar,

Having regard to the above application lodged on 14 December 2005,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

PROCEDURE

The applicants, Mr Petko Krastev Radomirov and Ms Lalka Krasteva Radomirova-Ereshtenko, are Bulgarian nationals who were born in 1939 and 1941 respectively and live in Sofia. The Bulgarian Government (“the Government”) were represented by their Agent, Ms M. Kotseva, of the Ministry of Justice.

The applicants submitted complaints under Article 6 § 1 and Article 1 of Protocol No. 1 to the Convention.

On 18 January 2011 the Court communicated the application to the Government.

On 27 January 2011 the second applicant passed away.

By letter of 28 February 2011 her daughter, Ms Vania Lalkova Radomirova, and her sons, Mr Velislav Ivanov Kunchev and Mr Krastio Ivanov Kunchev expressed their wish to pursue the proceedings in her stead.

On 7 March 2011 and 30 May 2011 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Bulgaria in respect of the facts giving rise to this application against an undertaking by the Government to pay to each of the two applicants 4,800 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into Bulgarian levs at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It 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 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 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.

Lawrence Early Lech Garlicki
Registrar President