FIRST SECTION
DECISION
Application no 78187/13
Durim HARRI
against Albania
The European Court of Human Rights (First Section), sitting on 17 November 2015 as a committee composed of:
Linos-Alexandre Sicilianos, President,
Ledi Bianku,
Aleš Pejchal, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 11 December 2013,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Durim Harri, is an Albanian national, who was born in 1939 and lives in Elbasan.
The Albanian Government (“the Government”) were represented by their Agent, Ms A. Hicka of the State Advocate’s Office.
The applicant complained under Article 1 of Protocol No. 1 to the Convention about the authorities’ failure to pay him compensation in respect of his inherited movable properties, as ordered by an administrative decision of the Elbasan Municipality (“Seksioni i Financës Bashkia Elbasan”).
On 23 July and 16 September 2015 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 5,100 (five thousand one hundred euros) to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into national currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. The amount 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.
Done in English and notified in writing on 10 December 2015.
André WampachLinos-Alexandre Sicilianos
Deputy RegistrarPresident
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