FIRST SECTION
DECISION
Application no. 2454/08
Vukašin NEŠIK and Gordana NEŠIK
against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (First Section), sitting on 2 July 2013 as a Committee composed of:
Elisabeth Steiner, President,
Mirjana Lazarova Trajkovska,
Linos-Alexandre Sicilianos, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 17 December 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vukašin Nešik was born in 1927 and lived in Skopje. He died on 25 April 2008 and the applicant’s daughter, Ms Gordana Nešik, expressed her intent to pursue the application on his behalf. They were both represented before the Court by Ms A. Bateva, an independent consultant working in Skopje.
The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.
The applicant complained under Article 6 of the Convention about his civil proceedings for damages.
On 11 May 2012 and 11 July 2012 the Court received a friendly settlement declaration signed by the Government and a letter containing a written statement made by the applicant’s heir, according to which she expressed her consent with the terms of the friendly settlement. The Court therefore finds that 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 2,600 euros to cover any non-pecuniary damage as well as costs and expenses, which would be converted into the national currency at the rate applicable on the date of payment and would be free of any taxes that may be applicable. It 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 WampachElisabeth Steiner
Deputy RegistrarPresident
Full & Egal Universal Law Academy