European Court of Human Rights

FIRST SECTION

DECISION

Application no. 22231/07
Liljana FIDANOVSKA
against the former Yugoslav Republic of Macedonia

The European Court of Human Rights (First Section), sitting on 6 December 2011 as a Committee composed of:

Anatoly Kovler, President,
Mirjana Lazarova Trajkovska,
Linos-Alexandre Sicilianos, judges,
and André Wampach, Deputy Section Registrar,

Having regard to the above application lodged on 28 April 2007,

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

Having deliberated, decides as follows:

PROCEDURE

The applicant, Ms Liljana Fidanovska, is a Macedonian national who lives in Bitola. Her application was lodged on 28 April 2007. She was represented before the Court by Mr V. Petličkovski, a lawyer practising in Bitola. The Macedonian Government (“the Government”) were represented by their Agent, Mrs R. Lazareska Gerovska.

The applicant complained under Article 6 § 1 of the Convention about the length of civil proceedings for determination of her claim in bankruptcy assets of the debtor. She also alleged errors on the facts and law, lack of impartiality and insufficient reasoning. Furthermore, she complained under Article 13 of the Convention about the outcome of the proceedings. Finally, she invoked Article 1 of Protocol No.1 to the Convention alleging that her property rights had been violated.

On 1 August 2011 and 23 September 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 her 2,640 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. It will 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.

André Wampach Anatoly Kovler
Deputy Registrar President