European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/267.html
Cite as: [2011] ECHR 267
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FIFTH SECTION
DECISION
Application no.
22612/07
by Todorka EFTIMOVSKA
against the former Yugoslav
Republic of Macedonia
The European Court of Human Rights (Fifth Section), sitting on 18 January 2011 as a Committee composed of:
Zdravka
Kalaydjieva, President,
Mirjana
Lazarova Trajkovska,
Julia Laffranque, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above application lodged on 30 April 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Ms Todorka Eftimovska, a Macedonian national who lives in Skopje. She was represented before the Court by Mr D. Todorovski, a lawyer practising in Skopje. The Macedonian Government (“the Government”) were represented by their Agent, Mrs R. Lazareska Gerovska.
On 17 May 2010 the Court decided to communicate the applicant’s complaint concerning the length of civil proceedings for unlawful acquisition. The proceedings began on 18 April 1995 and ended on 27 November 2006 (date of service).
On 21 September 2010 and 30 September 2010, respectively, 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 3,000 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 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 public policy 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.
Stephen Phillips Zdravka Kalaydjieva Deputy Registrar President