FOURTH SECTION
DECISION
Application no. 20405/06
by HEROS NORD OOD
against Bulgaria
The European Court of Human Rights (Fourth Section), sitting on 30 August 2011 as a Committee composed of:
Päivi Hirvelä, President,
Ledi Bianku,
Zdravka Kalaydjieva, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 11 May 2006,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Heros Nord OOD, is a limited liability company registered in Bulgaria. It was represented before the Court by Mr M. Ekimdzhiev and Mrs K. Boncheva, lawyers practising in Plovdiv. The Bulgarian Government (“the Government”) were represented by their Agents, Mrs N. Nikolova and Mr V. Obretenov, of the Ministry of Justice.
The applicant company complained under Articles 6 § 1 and 13 of the Convention about the length of civil proceedings in which it was involved and the lack of effective remedies in that respect. It also raised complaints under Article 6 § 1 concerning the fairness of the proceedings and under Article 1 of Protocol No. 1.
On 16 February 2011 and 23 June 2011 the Court received friendly settlement declarations signed by the parties under which the applicant company agreed to waive any further claims against Bulgaria in respect of the facts giving rise to this application against an undertaking by the Government to pay it 1,800 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into Bulgarian levs at the rate applicable on the date of payment, and will be free of any taxes that may be chargeable to the applicant company. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 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 (Article 37 § 1 in fine of the Convention).
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.
Fatoş AracıPäivi Hirvelä
Deputy RegistrarPresident
Full & Egal Universal Law Academy