FIRST SECTION
DECISION
Application no. 34123/04
Ljubomir MLADENOVSKI
against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (First Section), sitting on 9 December 2014 as a Committee composed of:
Paulo Pinto de Albuquerque, President,
Mirjana Lazarova Trajkovska,
Linos-Alexandre Sicilianos, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 26 August 2004,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Ljubomir Mladenovski, was a Macedonian national, who was born in 1945 and lived in Skopje. By a letter of 16 June 2014 his wife, Ms Ilinka Mladenovska, informed the Court about the applicant’s death on 22 July 2012 and about her intention to pursue the application on his behalf.
The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.
The applicant complained under Article 6 of the Convention about a set of civil and subsequent enforcement proceedings. The application was communicated to the Government under Article 6 in respect of the length of proceedings.
On 16 September and 12 October 2014 the Court received friendly settlement declarations signed by the parties under which the applicant’s heir 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 her 5,050 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 free of any taxes that may be applicable. The sum 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.
André Wampach Paulo Pinto de Albuquerque
Deputy RegistrarPresident
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