FOURTH SECTION
DECISION
Application no. 66071/14
Olya Damyanova ANABTAUI and Others
against Bulgaria
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 23 September 2021 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 15 September 2014,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Mr M. Ekimdzhiev and Ms G. Chernicherska, lawyers practising in Plovdiv.
The applicants’ complaints under Article 1 of Protocol No. 1 and Article 13 of the Convention concerning the excessive duration of a restitution procedure were communicated to the Bulgarian Government (“the Government”).
On 7 January 2020 and 12 July 2021 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, subject to an undertaking by the Government to pay them jointly EUR 7,500, to cover any pecuniary and non-pecuniary damage and costs and expenses, plus any tax that may be chargeable to the applicants. This amount will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, from the 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 such 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 the Protocols thereto and finds no reasons to justify a continued examination of the application.
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 in accordance with Article 39 of the Convention.
Done in English and notified in writing on 14 October 2021.
{signature_p_2}
Viktoriya Maradudina Armen Harutyunyan
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 1 of Protocol No. 1 and Article 13 of the Convention
(excessive duration of a restitution procedure)
No.
Applicant’s Name
Year of birth
Nationality
Place of residence
1
Olya Damyanova ANABTAUI
1953
Bulgarian
Plovdiv
2
Mariya Damyanova MIRCHEVA
1959
Bulgarian
Sofia
3
Boris Georgiev SARANDALIEV
1933
Bulgarian
Asenovgrad
4
Boris Stefanov SARANDALIEV
1954
Bulgarian
Asenovgrad
5
Konstantin Konstantinov SARANDALIEV
1990
Bulgarian
Asenovgrad
6
Nikola Konstantinov SARANDALIEV
1982
Bulgarian
Varna
7
Petko Georgiev SARANDALIEV
1934
Bulgarian
Asenovgrad
8
Stefan Konstantinov SARANDALIEV
1980
Bulgarian
Varna
9
Nevena Kostova SARANDALIEVA
1931
Bulgarian
Asenovgrad
10
Todora Petrova SARANDALIEVA
1952
Bulgarian
Asenovgrad
11
Liliya Georgieva TOMOVA
1938
Bulgarian
Asenovgrad
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