FIRST SECTION
DECISION
Application no. 52235/09
Aleksandar NAKOVSKI
against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (First Section), sitting on 26 August 2014 as a Committee composed of:
Paulo Pinto de Albuquerque, President,
Mirjana Lazarova Trajkovska,
Linos-Alexandre Sicilianos, judges,
and Søren C. Prebensen, Acting Deputy Section Registrar,
Having regard to the above application lodged on 24 September 2009,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Aleksandar Nakovski, is a Macedonian national, who was born in 1931 and lived in Skopje. He died on 21 January 2013 and the applicant’s son, Mr Igor Nakovski, expressed his intention to pursue the application on behalf of his late father. The applicant’s son was represented before the Court by Mr S. Naumov, a lawyer practising in Skopje.
The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.
The applicant complained under Article 6 of the Convention and Article 1 of Protocol No. 1 about civil proceedings for enforcement of a contract. The application was communicated to the Government in respect of the length of proceedings.
On 5 and 15 May 2014, respectively, the Court received friendly settlement declarations signed by the parties under which the applicant’s son agreed to waive any further claims against the respondent State in respect of the facts giving rise to this application against an undertaking by the Government to pay him 3,100 euros to cover any and all non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to him. The sum will be converted into the local currency at the rate applicable on the date of payment and it will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. 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.
Søren C. PrebensenPaulo Pinto de Albuquerque
Acting Deputy RegistrarPresident
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