FIFTH SECTION
DECISION
Application no. 6168/09
Teodora Nikolaeva RUNTOVA and Christian Georgiev GEORGIEV
against Bulgaria
The European Court of Human Rights (Fifth Section), sitting on 14 June 2016 as a Committee composed of:
Erik Møse, President,
Yonko Grozev,
Mārtiņš Mits, judges,
and Milan Blaško, Deputy Section Registrar,
Having regard to the above application lodged on 10 December 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Ms Teodora Nikolaeva Runtova and Mr Christian Georgiev Georgiev, are Bulgarian nationals, who were born in 1970 and 1999 respectively and live in Sofia. They were represented before the Court by Ms S. Razboynikova, a lawyer practising in Sofia.
The Bulgarian Government (“the Government”) were represented by their Agent, Ms M. Dimova, of the Ministry of Justice.
The applicants complained under Article 8 of the Convention about the duration of the civil proceedings under the Family Code in which they sought permission for the second applicant’s travel in the absence of parental consent.
On 5 November 2015 and 11 April 2016 the Court received friendly settlement declarations signed by the parties under which the applicants 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 them 7,500 euros jointly to cover any pecuniary and non-pecuniary 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 7 July 2016.
Milan BlaškoErik Møse
Deputy RegistrarPresident
Full & Egal Universal Law Academy