FIFTH SECTION
DECISION
Application no. 20314/11
Iliya Stefanov MURDZHEV and Others
against Bulgaria
(see list appended)
The European Court of Human Rights (Fifth Section), sitting on 17 May 2016 as a Committee composed of:
Erik Møse, President,
Yonko Grozev,
Mārtiņš Mits, judges,
and Milan Blaško, Deputy Section Registrar,
Having regard to the above application lodged on 19 March 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants are Bulgarian nationals. A list of their names, years of birth and places of residence is set out in the appendix. Two of the applicants died after the lodging of the application with the Court and their heirs expressed the wish to pursue the proceedings in their stead.
The Bulgarian Government (“the Government”) were represented by their Agent, Ms M. Dimova, of the Ministry of Justice.
The applicants complained under Article 1 of Protocol No. 1 and Article 6 § 1 of the Convention of unjustified delays and prolonged uncertainty in the process of restitution of agricultural land. On 30 June 2015 the application was communicated to the respondent Government.
On 4 August 2015 and 11 April 2016 the Court received friendly settlement declarations signed by the parties under which the applicants (regarding the deceased applicants their heirs) 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 jointly 5,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, plus any charge that may be chargeable to them. This sum would be converted into Bulgarian levs at the rate applicable on the date of payment, and would 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 parties agreed that the payment would constitute the final resolution of the case.
THE LAW
The Court takes note of the friendly settlement reached between the applicants, or their respective heirs, and the Government. 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 in accordance with Article 39 of the Convention.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 9 June 2016.
Milan BlaškoErik Møse
Deputy RegistrarPresident
AppendixIliya Stefanov MURDZHEV, born in 1920, died in 2011, his heirs are Elena Ilieva ZHIKOVA and Siyka Ilieva KLINCHEVA;Lyubina Stefanova MURDZHEVA, born in 1924, died in 2012, her heir is Krum Georgiev SOTIROV; Yurdana Stefanova STOYANOVA, born in 1929, lives in Smolyan; Atanas Nikolov LEVOV, born in 1937, lives in Smolyan; Petar Nikolov LEVOV, born in 1933, lives in Smolyan; Nikola Iliev MARINOV, born in 1988, lives in Munich, Germany.
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