FOURTH SECTION
DECISION
Application no. 45718/12
Elvin LAKO against Albania
and 7 other applications
(see list appended)
The European Court of Human Rights (Fourth Section), sitting on 24 March 2015 as a Committee composed of:
Paul Mahoney, President,
Ledi Bianku,
Krzysztof Wojtyczek, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above applications,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. A list of the applicants is set out in the appendix.
2. The Albanian Government (“the Government”) were represented by their Agent, Ms A. Hicka of the State Advocate’s Office.
3. All applicants complained that there had been a breach of Article 6 § 1 of the Convention on account of the non-enforcement of final courts decisions given in their favour. As regards applications nos. 45718/12, 9403/13, 11724/13, 11726/13, 38964/13 and 48723/14, the domestic courts ordered the applicants’ reinstatement in their job, in addition to the payment of salary arrears until reinstatement. As regards applications nos. 6037/14 and 17174/14 the domestic courts ordered only the payment of damages to the applicants. Two applicants also complained under Article 1 of Protocol No. 1 to the Convention (applications nos. 11724/13 and 11726/13) and five of them under Article 13 of the Convention (applications nos. 45718/12, 11724/13, 11726/13, 6037/14 and 17174/14).
4. As regards application no. 45718/12, on 13 November 2014 and 12 January 2015 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Albania in respect of the facts giving rise to this application against an undertaking by the Government to enforce in full the final domestic decision given in his favour, within three months, and, to pay him EUR 3,300 (three thousand three hundred euros) to cover any non-pecuniary damage as well as costs and expenses.
5. As regards application no. 9403/13, on 13 November 2014 and 12 January 2015 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Albania in respect of the facts giving rise to this application against an undertaking by the Government to enforce in full the final domestic decision given in her favour, within three months, and, to pay her EUR 1,700 (one thousand seven hundred euros) to cover any non-pecuniary damage as well as costs and expenses.
6. As regards application no. 11724/13, on 18 November 2014 and 12 January 2015 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Albania in respect of the facts giving rise to this application against an undertaking by the Government to enforce in full the final domestic decision given in his favour, within three months, and, to pay him EUR 2,000 (two thousand euros) to cover any non-pecuniary damage as well as costs and expenses.
7. As regards application no. 11726/13, on 18 November 2014 and 12 January 2015 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Albania in respect of the facts giving rise to this application against an undertaking by the Government to enforce in full the final domestic decision given in his favour, within three months, and, to pay him EUR 1,400 (one thousand four hundred euros) to cover any non-pecuniary damage as well as costs and expenses.
8. As regards application no. 38964/13, on 10 November 2014 and 12 January 2015 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Albania in respect of the facts giving rise to this application against an undertaking by the Government to enforce in full the final domestic decision given in her favour, within three months, and, to pay her EUR 4,700 (four thousand seven hundred euros) to cover any non-pecuniary damage as well as costs and expenses.
9. As regards application no. 6037/14, on 13 October 2014 and 12 January 2015 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Albania in respect of the facts giving rise to this application against an undertaking by the Government to pay him EUR 6,300 (six thousand three hundred euros) to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses.
10. As regards application no. 17174/14, on 13 October 2014 and 12 January 2015 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Albania in respect of the facts giving rise to this application against an undertaking by the Government to pay him EUR 10,500 (ten thousand five hundred euros) to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses.
11. As regards application no. 48723/14, on 13 October 2014 and 12 January 2015 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Albania in respect of the facts giving rise to this application against an undertaking by the Government to enforce in full the final domestic decision given in his favour, within three months, and, to pay him EUR 2,000 (two thousand euros) to cover any non-pecuniary damage as well as costs and expenses.
12. According to the friendly settlement declarations, the above awards will be converted into the local currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. They 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 those sums within the said three-month period, the Government undertakes to pay simple interest on them, 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 full enforcement of the final decisions, as applicable, within three months, and the above payments in respect of all applications, will constitute the final resolution of the cases.
THE LAW
13. The Court takes note of the friendly settlements reached between the parties, including the applicants’ reinstatement as ordered by the domestic courts in respect of applications nos. 45718/12, 9403/13, 11724/13, 11726/13, 38964/13 and 48723/14. The Court is satisfied that the settlements are 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 applications. In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 16 April 2015.
Fatoş AracıPaul Mahoney
Deputy RegistrarPresident
APPENDIX
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
Represented by
45718/12
27/06/2012
Elvin LAKO
30/06/1976
Tirana
9403/13
09/01/2013
Valbona PALUKA
23/06/1964
Tirana
11724/13
31/01/2013
Spiro TABA
02/07/1955
Korcë
11726/13
01/02/2013
Andrea KARANXHA
05/05/1956
Korcë
38964/13
25/05/2013
Raimonda TRUPJA
05/02/1968
Durrës
6037/14
11/01/2014
Indrit OSMANI
30/05/1983
Tirana
17174/14
19/02/2014
Thanas VERDHI
19/11/1946
Tirana
48723/14
23/06/2014
Nazmi LUKU
05/11/1952
Tirana
Erind MËRKURI
Full & Egal Universal Law Academy