FIFTH SECTION
DECISION
Application no. 28106/09
Rayko Iliev RAYKOV
against Bulgaria
The European Court of Human Rights (Fifth Section), sitting on 21 November 2017 as a Committee composed of:
Erik Møse, President,
Yonko Grozev,
Gabriele Kucsko-Stadlmayer, judges,
and Anne-Marie Dougin, Acting Deputy Section Registrar,
Having regard to the above application lodged on 1 April 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 Rayko Iliev Raykov, is a Bulgarian national, who was born in 1963 and lives in Plovdiv. He was represented before the Court by Mrs S. Stefanova and Mr M. Ekimdzhiev, lawyers practising in Plovdiv.
The Bulgarian Government (“the Government”) were represented by their Agent, Ms M. Dimitrova, of the Ministry of Justice.
The applicant complained under Article 2 of Protocol No. 4 to the Convention that he had been made subject to a ban on leaving the country and that the authorities had not assessed the proportionality of that measure.
On 19 May 2017 and 26 September 2017 respectively the Court received friendly settlement declarations signed by the parties, under which the applicant 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 him 2,500 euros to cover any and all damage as well as costs and expenses, which will be converted into Bulgarian levs at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. This amount 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.
Done in English and notified in writing on 14 December 2017.
Anne-Marie DouginErik Møse
Acting Deputy Registrar President
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