FOURTH SECTION
DECISION
Application no. 940/04
by Anatolii PODGORODETCHI
against Moldova
The European Court of Human Rights (Fourth Section), sitting on 29 May 2007 as a Chamber composed of:
SirNicolas Bratza, President,
MrJ. Casadevall,
MrG. Bonello,
MrK. Traja,
MrS. Pavlovschi,
MrL. Garlicki,
MsL. Mijović, judges,
and Mrs F. Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 19 December 2003,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having regard to the parties’ formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Anatolii Podgorodetchi, is a Moldovan national who was born in 1957 and lives in Criuleni. He was represented before the Court by Mr A. Chitic, a lawyer practising in Chişinău. The Moldovan Government (“the Government”) were represented by their Agent, Mr Vladimir Grosu.
The facts of the case, as submitted by the parties, may be summarised as follows.
By a final judgment of 18 August 1997 the Centru District Court ordered the Ministry of Interior to pay the applicant 1,407 Moldovan lei (the equivalent of 306 euros (EUR) at the time). The parties did not appeal and the judgment became final and enforceable after fifteen days.
Following the communication of the present case to the Government, on 18 November 2005 the judgment was enforced.
COMPLAINTS
The applicant complained under Article 6 § 1 of the Convention about the belated enforcement of the final judgment of 18 August 1997 of the Centru District Court.
He also alleged that the belated enforcement of the final judgment of 18 August 1997 violated his right to protection of property guaranteed by Article 1 of Protocol No. 1 to the Convention.
THE LAW
On 25 and 28 April 2007 the Court received from the parties two declarations according to which the Government had undertaken to pay the applicant, within three months from the adoption of a strike-out decision by the Court, EUR 2,300 in respect of any damage suffered by him with a view to securing a friendly settlement of the present case. In return, the applicant accepted the proposal and waived any further claims against Moldova in respect of the facts giving rise to the present application.
The Court takes note of the declarations signed by 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 (Article 37 § 1 in fine of the Convention). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Fatoş AracıNicolas Bratza
Deputy RegistrarPresident
Full & Egal Universal Law Academy