FIFTH SECTION
DECISION
Application no. 28706/12
Petko Nikiforov DYANKOV
against Bulgaria
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 20 June 2019 as a Committee composed of:
Ganna Yudkivska, President,
Yonko Grozev,
André Potocki, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 10 May 2012,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr M. Ekimdzhiev and Ms G. Chernicherska, lawyers practising in Plovdiv.
The applicant’s complaints under Article 1 of Protocol No. 1 and Articles 6 § 1 and 13 of the Convention, concerning the excessive length of a restitution procedure and the lack of effective remedies in that regard, were communicated to the Bulgarian Government (“the Government”).
The Court received friendly-settlement declarations under which the applicant 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 him the amount detailed in the appended table. 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 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 11 July 2019.
Liv TigerstedtGanna Yudkivska
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 1 of Protocol No. 1 of the Convention
(excessive duration of a restitution procedure)
Application no.
Date of introduction
Applicant’s name
Date of birth
Representatives’ names and
location
Date of receipt of
Government’s
declaration
Date of receipt of
Applicant’s
declaration
Amount awarded for
pecuniary and non-pecuniary
damage and costs and
expenses
(in euros)[1]
28706/12
10/05/2012
Petko Nikiforov Dyankov
05/01/1934
Mihail Ekimdzhiev
Ginka Chernicherska
Plovdiv
31/05/2019
10/01/2019
4,500
[1] Plus any tax that may be chargeable to the applicant.
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