FOURTH SECTION
DECISION
Application no. 34063/08
Tadzhigul Sazakovna BEGMEDOVA
against Bulgaria
The European Court of Human Rights (Fourth Section), sitting on 6 May 2014 as a Committee composed of:
George Nicolaou, President,
Ledi Bianku,
Nona Tsotsoria, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 27 May 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Tadzhigul Sazakovna Begmedova, is a Russian and Turkmen national, who was born in 1959 and lives in Varna. She was represented before the Court by Mr K. Kanev, a lawyer practising in Sofia.
The Bulgarian Government (“the Government”) were represented by their Agent, Mrs Y. Stoyanova, of the Ministry of Justice.
The applicant, relying on Article 6 § 1 of the Convention, complained about the excessive amount of court fees that she had been ordered to pay in the proceedings for damages against the State. This part of the application had been communicated to the Government. The applicant also raised additional complaints.
On 12 November 2013 and 6 March 2014 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 2,500 euros to cover any pecuniary and pecuniary damage as well as costs and expenses, and would be free of any taxes that may be applicable, to be converted into the national currency of the respondent State at the rate applicable at the date of settlement. It will be payable within three months from the date of notification of the decision taken by the Court. 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 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 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. 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.
Fatoş AracıGeorge Nicolaou
Deputy RegistrarPresident
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