FIFTH SECTION
DECISION
Application no. 46475/12
Zhelyazka Angelova FILIPOVA
against Bulgaria
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 16 January 2020 as a Committee composed of:
Gabriele Kucsko-Stadlmayer, President,
Mārtiņš Mits,
Lәtif Hüseynov, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 5 July 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 her son, Mr A. Atanasov.
The applicant’s complaints under Article 1 of Protocol No. 1 concerning the excessive duration of restitution proceedings were communicated to the Bulgarian Government (“the Government”). A complaint based on the same facts was also communicated under Article 13 of the Convention.
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 her 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 6 February 2020.
Liv TigerstedtGabriele Kucsko-Stadlmayer
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 1 of Protocol No. 1 and Article 13 of the Convention
(excessive duration of restitution proceedings)
Application no.
Date of introduction
Applicant’s name
Date of birth
Representative’s name
Place of residence
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)[i]
46475/12
05/07/2012
Zhelyazka Angelova Filipova
12/02/1935
Atanas Stoyanov Atanasov
Konstantinovo
29/11/2019
13/03/2019
1,000
[i]. Plus any tax that may be chargeable to the applicant.
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