FIRST SECTION
DECISION
Application no. 71962/10
Rami FETAOVSKI
against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (First Section), sitting on 23 February 2016 as a Committee composed of:
Kristina Pardalos, President,
Paul Mahoney,
Robert Spano, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 26 November 2010,
Having regard to the formal declaration accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Rami Fetaovski, is a Macedonian national, who was born in 1946 and lives in Kumanovo. He was represented before the Court by Mr R. Česmadžiski, a lawyer practising in Kumanovo.
The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.
The applicant complained under Article 6 of the Convention and Article 1 of Protocol No.1 about the dismissal of his request for reopening of compensation proceedings against the State based on the Court’s judgment finding a violation, inter alia, of the applicant’s right of access to a court in those proceedings (see Fetaovski v. the former Yugoslav Republic of Macedonia, no. 10649/03, 19 June 2008).
On 12 November 2015 the Court received friendly settlement declaration 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 him ex gratia 3,300 euros to cover any pecuniary and non-pecuniary damage, as well as legal costs and expenses, which will be converted into Macedonian denars at the rate applicable on the date of payment. It will be payable on the applicant’s personal account in a bank within the territory of the State, within three months from the date of notification of the decision taken by the Court. The Government and the applicant undertook that 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.
Done in English and notified in writing on 17 March 2016.
André WampachKristina Pardalos
Deputy RegistrarPresident
Full & Egal Universal Law Academy