FIFTH SECTION
DECISION
Application no. 23601/05
by Stana and Evdokim MILUSHEVI
against Bulgaria
The European Court of Human Rights (Fifth Section), sitting on 4 May 2010 as a Chamber composed of:
Peer Lorenzen, President,
Renate Jaeger,
Karel Jungwiert,
Rait Maruste,
Isabelle Berro-Lefèvre,
Mirjana Lazarova Trajkovska,
Zdravka Kalaydjieva, judges,
and Claudia Westerdiek, Section Registrar,
Having regard to the above application lodged on 6 June 2005,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Ms Stana Spasova Milusheva and Mr Evdokim Nedyalkov Milushev, Bulgarian nationals who were born in 1944 and 1937 respectively and live in Vidin. They were represented before the Court by Mr D. Mitkov and Ms S. Vasileva, lawyers practising in Sofia. The Bulgarian Government (“the Government”) were represented by their Agent, Ms R. Nikolova, of the Ministry of Justice.
The applicants complained, in particular, of the length of a set of civil proceedings they had been party to (Article 6 § 1 of the Convention).
On 21 September 2009 the President of the Fifth Section communicated to the Government the complaint about the length of proceedings.
On 23 November 2009 and 25 February 2010 the Court received friendly settlement declarations signed by the parties under which the applicants 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 them 2,300 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into Bulgarian levs at the rate applicable on the date of payment, and free of any taxes that might be chargeable to the applicants. It would be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 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 would 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 public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention).
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.
Claudia WesterdiekPeer Lorenzen
RegistrarPresident
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