FOURTH SECTION
DECISION
Application no. 19377/09
JSC VAZIANI
against Georgia
The European Court of Human Rights (Fourth Section), sitting on 13 September 2016 as a Committee composed of:
Krzysztof Wojtyczek, President,
Nona Tsotsoria,
Marko Bošnjak, judges,
and Andrea Tamietti, Deputy Section Registrar,
Having regard to the above application lodged on 5 February 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, a joint stock company, was represented before the Court by Mr D. Shvelidze, a lawyer practising in Tbilisi.
2. The Georgian Government (“the Government”) were represented by their Agent, Ms S. Mezurnishvli, of the Ministry of Justice.
3. The case concerned the non-enforcement of a judgment debt in the applicant’s favour against a State agency.
4. On 2 March 2016 the case was communicated to the respondent Government under Articles 6 § 1 and 13 of the Convention as well as under Article 1 of Protocol No. 1.
5. By a letter of 30 June 2016 the Government informed the Court that they proposed a friendly settlement with a view to resolving the issues raised in the application. In their proposal the Government acknowledged the State’s failure to enforce the judgment debt in the applicant’s favour and undertook to enforce it by paying the applicant the outstanding sum of 360,000 Georgian laris (GEL; approximately 138,200 euros (EUR)) and GEL 14,400 (approximately EUR 5,500) for costs and expenses.
6. On 9 August 2016 the applicant company informed the Court that it accepted the terms of the proposed friendly settlement. The applicant, waiving any further claims emanating from the present application, confirmed that the payment of the aforementioned sums would constitute the final resolution of the case.
THE LAW
7. The Court takes note of the friendly settlement reached between the parties and is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols.
8. The Court further considers that the aforementioned sums, plus any tax that may be chargeable to the applicant, should be payable to the applicant in the Georgian national currency within three months from the date of notification of the present decision. In the event of failure to pay these sums within the said three-month period, the Government is 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.
9. In view of the above, the Court finds no reasons to justify a continued examination of the application and finds 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 39 of the Convention.
Done in English and notified in writing on 6 October 2016.
Andrea TamiettiKrzysztof Wojtyczek
Deputy RegistrarPresident
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