FOURTH SECTION
DECISION
Application no. 50308/13
Vasil SHKARPA
against Albania
The European Court of Human Rights (Fourth Section), sitting on 15 September 2015 as a Committee composed of:
Nona Tsotsoria, President,
Ledi Bianku,
Paul Mahoney, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 31 July 2013,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vasil Shkarpa, is an Albanian national, who was born in 1961 and lives in Berat.
The Albanian Government (“the Government”) were represented by their Agent, Ms A. Hicka of the State Advocate’s Office.
The applicant complained that there had been a breach of Articles 6 § 1 and 13 of the Convention on account of the non-enforcement of final court decision given in his favour which ordered the applicant’s reinstatement in his job, in addition to the payment of salary arrears until reinstatement.
On 22 April and 13 May 2015 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Albania in respect of the facts giving rise to this application against an undertaking by the Government to enforce in full the final domestic decision given in his favour, within three months, and to pay him EUR 3,300 (three thousand three hundred euros) to cover any non-pecuniary damage as well as costs and expenses.
According to the friendly settlement declarations, the above award 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 that sum within the said three-month period, the Government undertakes 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 full enforcement of the final decision, within three months, and the above payment, will constitute the final resolution of the case.
THE LAW
The Court takes note of the friendly settlement reached between the parties, including the applicant’s reinstatement as ordered by the domestic courts’ decisions. 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 8 October 2015.
Fatoş AracıNona Tsotsoria
Deputy RegistrarPresident
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