FIFTH SECTION
DECISION
Application no. 13300/10
Ivaylo Lenin HRISTOV
against Bulgaria
The European Court of Human Rights (Fifth Section), sitting on 8 December 2015 as a Committee composed of:
Erik Møse, President,
Yonko Grozev,
Mārtiņš Mits, judges,
and Milan Blaško, Deputy Section Registrar,
Having regard to the above application lodged on 23 February 2010,
Having regard to the Government’s proposal for a friendly settlement in the case and the applicant’s declaration accepting it,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Ivaylo Lenin Hristov, is a Bulgarian national, who was born in 1958 and lives in Sofia He was represented before the Court by Mr M. Ekimdzhiev and Ms G. Chernicherska, lawyers practising in Plovdiv.
The Bulgarian Government (“the Government”) were represented by their Agent, Ms M. Dimova, of the Ministry of Justice.
The applicant complained under Article 1 of Protocol No. 1 and Articles 13 and 14 of the Convention that he had unfairly and through no fault of his own lost his title to a flat in Sofia. On 16 March 2015 the application was communicated to the Government.
On 10 September 2015 the Government made a friendly-settlement proposal to the applicant, offering to pay him 41,000 euros (EUR), to cover any pecuniary damage suffered by him as a result of the violation of his property rights. The Government proposed that any settlement reached in case the applicant accepted their offer, and the payment of the sum mentioned above, constitute the final resolution of the case.
On 9 October 2015 the applicant stated that he accepted the Government’s offer. He confirmed that upon payment of the sum indicated above he would waive any further claims against Bulgaria in respect of the facts giving rise to the present application, and that such payment would constitute the final resolution of the case.
THE LAW
The Court takes note of the friendly settlement reached between the parties, and that the matter has been resolved within the meaning of Article 37 § 1(b) of the Convention. It is in addition satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application (Article 37 § 1 in fine). Accordingly, it considers it 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 37 § 1(b) of the Convention.
Done in English and notified in writing on 7 January 2016.
Milan BlaškoErik Møse
Deputy RegistrarPresident
Full & Egal Universal Law Academy