FIRST SECTION
DECISION
Applications nos. 15373/15 and 3604/16
Qazim ÇELA against Albania
and Albi PETRELA against Albania
The European Court of Human Rights (First Section), sitting on 18 October 2016 as a Committee composed of:
Kristina Pardalos, President,
Robert Spano,
Pauliine Koskelo, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above applications lodged on 24 March 2015 and 27 July 2012 respectively,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix.
The Albanian Government (“the Government”) were represented by their Agent, Ms A. Hicka of the State Advocate’s Office.
The applicants complained under Article 6 § 1 of the Convention in conjunction with Article 13 of the Convention about the length of taken civil and administrative proceedings, respectively.
As regards application no. 15373/15, on 13 June and 20 September 2016 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Albania in respect of the facts giving rise to this application against an undertaking by the Government to pay him EUR 4,400 (four thousand four hundred euros) to cover any non-pecuniary damage as well as costs and expenses.
As regards application no. 3604/16, on 27 July and 20 September 2016 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Albania in respect of the facts giving rise to this application against an undertaking by the Government to pay him EUR 4,700 (four thousand seven hundred euros) to cover any non-pecuniary damage as well as costs and expenses.
According to the friendly settlement declarations, the above awards will be converted into the local currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. They 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 those sums within the said three-month period, the Government undertakes to pay simple interest on them, 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 above payments will constitute the final resolution of the cases.
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 applications. In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 10 November 2016.
Renata DegenerKristina Pardalos
Deputy RegistrarPresident
Appendix
Application no 15373/15
Qazim ÇELA is an Albanian national who was born in 1952, lives in Tirana and represented by R.METAJ.
Application no 3604/16
Albi PETRELA is an Albanian national who was born in 1969 and lives in Tirana.
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