FIRST SECTION
DECISION
Application no. 221/10
Evzi ISAKI and TD KOLOS KOMERC
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 23 December 2009,
Having regard to the formal declarations of the Government and the second applicant accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The first applicant, Mr Evzi Isaki, is a Macedonian national, who was born in 1952 and lives in Lipkovo. The second applicant, Td Kolos Komerc, is a company registered in the respondent State.
The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanovski.
The applicants complained under Article 6 of the Convention about compensation proceedings against the respondent State. The length complaint of the second applicant was communicated to the Government.
On 17 April and 13 May 2013 the Court received friendly settlement declarations signed by the second applicant and the respondent Government under which the second 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 it 1,300 euros to cover any non-pecuniary damage as well as costs and expenses, which will be converted into the local currency at the rate applicable on the date of payment, and will 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 second applicant and the Government. 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 this part of the application out of the list.
Relying on Article 6, the first applicant raised complaints in respect of the same set of proceedings.
Having regard to all the evidence in its possession, and in so far as it has jurisdiction to examine the allegations, the Court has not found any appearance of a breach of the rights and freedoms guaranteed by the Convention or its Protocols.
It follows that this part of the application is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
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 in respect of the second applicant.
Declares the first applicant’s complaints inadmissible.
Søren C. PrebensenPaulo Pinto de Albuquerque
Acting Deputy RegistrarPresident
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