FIRST SECTION
DECISION
Application no. 75245/12
Marjan MICEVSKI
against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (First Section), sitting on 15 November 2016 as a Committee composed of:
Ledi Bianku, President,
Linos-Alexandre Sicilianos,
Armen Harutyunyan, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above application lodged on 19 November 2012,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Marjan Micevski, is a Macedonian national, who was born in 1966 and lives in Skopje He was represented before the Court by Mr D. Kadiev, a lawyer practising in Skopje.
The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.
The applicant complained under Articles 6 and 10 of the Convention about the lack of access to court and an infringement of his freedom of expression.
On 2 June 2016 and 29 June 2016 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against the former Yugoslav Republic of Macedonia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 6000 euros (six thousand euros) to cover any non-pecuniary damage as well as costs and expenses, which will be converted into Macedonian Denars at the rate applicable on the date of payment, 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.
Done in English and notified in writing on 8 December 2016.
Renata DegenerLedi Bianku
Deputy RegistrarPresident
Full & Egal Universal Law Academy