FOURTH SECTION
DECISION
Application no. 63205/11
Doychin Ivanov KONYAROV
against Bulgaria
The European Court of Human Rights (Fourth Section), sitting on 30 September 2014 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 28 September 2011,
Having regard to the applicant’s formal declaration accepting a friendly settlement of the case proposed by the Government,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Doychin Ivanov Konyarov, is a Bulgarian national, who was born in 1946 and lives in Yambol. He was represented before the Court by Mr G. Dimov, a lawyer practising in Yambol.
The Bulgarian Government (“the Government”) were represented by their Agents, Ms V. Hristova and M. Kotseva, of the Ministry of Justice.
The applicant complained under Article 1 of Protocol No. 1 to the Convention about the failure of the State for many years to provide him with a garage as compensation for the expropriated real property and the lack of effective remedies to obtain redress for the violations of his rights under Article 1 of Protocol No. 1.
On 9 June 2014 the Court received a friendly settlement proposed by the Government. On 22 July 2014, in a formal declaration signed by the applicant, he accepted the Government’s proposal and 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 him 1,500 euros to cover any and all damages as well as costs and expenses. This sum will be converted into Bulgarian levs at the rate applicable on the date of payment, will be free of any taxes that may be applicable and 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.
Fatoş AracıLedi Bianku
Deputy RegistrarPresident
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