FIRST SECTION
DECISION
Application no. 35272/09
Zoran PETKOVIK
against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (First Section), sitting on 23 September 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 22 June 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Zoran Petkovik, is a Macedonian national, who was born in 1947 and lives in Skopje.
The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.
The applicant complained under Article 6 about civil proceedings for payment of lawyer’s fees. The application was communicated to the Government in respect of the length of the proceedings.
On 29 April and 27 June 2014 the Court received friendly settlement declarations signed by the parties under which the applicant 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 him 1,600 euros to cover any and all non-pecuniary damage as well as costs and expenses, which will be free of any taxes that may be applicable. The sum would be converted into the local currency at the rate applicable on the date of payment. 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 Government and the applicant undertook that this would be the final settlement 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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