FOURTH SECTION
DECISION
Application no. 12928/10
Aleksi KHERGIANI
against Georgia
The European Court of Human Rights (Fourth Section), sitting on 25 August 2015 as a Committee composed of:
Ledi Bianku, President,
Paul Mahoney,
Krzysztof Wojtyczek, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 3 February 2010,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Aleksi Khergiani, is a Georgian national, who was born in 1950 and lives in Tbilisi.
2. The Georgian Government (“the Government”) were represented by their Agent, Mr L. Meskhoradze of the Ministry of Justice.
3. The facts of the case, as submitted by the parties, may be summarised as follows.
4. The case mainly concerned the non-enforcement of a judgment debt against the State. On 28 January 2015 the case was communicated to the respondent Government under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1.
5. On 8 June 2015 the Government informed the Court that they had reached a friendly settlement with the applicant. To that effect, they submitted, for the Court’s approval, a mutually signed declaration which contained the exact terms of their settlement. In particular, under these terms, the applicant agreed to waive any further claims against Georgia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 13,700 (thirteen thousand seven hundred) euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into the respondent State’s national currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable to the applicant. It 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
6. The Court takes note of the friendly settlement reached. It considers that the matter has been resolved between the parties within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and its Protocols does not require it to continue the examination of the application under Article 37 § 1 in fine. 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.
Done in English and notified in writing on 17 September 2015.
Fatoş AracıLedi Bianku
Deputy RegistrarPresident
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