European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/1740.html
Cite as: [2011] ECHR 1740
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FOURTH SECTION
DECISION
Application no.
45664/05
by Ilinka Kirilova DIMITROVA
against
Bulgaria
The European Court of Human Rights (Fourth Section), sitting on 4 October 2011 as a Chamber composed of:
Nicolas
Bratza, President,
Lech
Garlicki,
Päivi
Hirvelä,
George
Nicolaou,
Ledi
Bianku,
Zdravka
Kalaydjieva,
Nebojša
Vučinić, judges,
and
Lawrence Early,
Section Registrar,
Having regard to the above application lodged on 22 November 2005,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Ms Ilinka Kirilova Dimitrova, is a Bulgarian national who was born in 1944 and lives in Mezdra. She was represented before the Court by Mr S. Stefanov, a lawyer practising in Mezdra. The Bulgarian Government (“the Government”) were represented by their Agent, Mrs M. Dimova, of the Ministry of Justice.
The applicant complained under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 about the alleged inactivity of the authorities in proceedings for the enforcement of a final judgment and the ensuing impossibility for the applicant to obtain full payment of her claim.
On 24 January 2011 the Court communicated the application to the Government.
On 3 March and 1 September 2011 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 this application against an undertaking by the Government to pay her 1,800 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses. The parties agreed that the sum above 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 chargeable to the applicant. 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 parties agreed that 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.
Lawrence Early Nicolas
Bratza
Registrar President