FOURTH SECTION
DECISION
Application no. 19985/06
Vladimir Hristov SOTIROV
against Bulgaria
The European Court of Human Rights (Fourth Section), sitting on 3 July 2012 as a Committee composed of:
David Thór Björgvinsson, President,
Nebojša Vučinić,
Vincent A. De Gaetano, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 12 May 2006,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Vladimir Hristov Sotirov, is a Bulgarian national, who was born in 1944 and lives in Sofia. He was 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 applicant complained, inter alia, under Articles 6 § 1 and 13 of the Convention about the length of the civil proceedings to which he had been a party and the lack of effective remedies related thereto.
On 24 November 2011 the Court decided to give notice of the application to the Government.
On 5 January and 28 May 2012 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 ex gratia to him 2,500 euros to cover any and all damage as well as costs and expenses, plus any tax that may be chargeable to the applicant. This sum would be converted into Bulgarian levs at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 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 would 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 (Article 37 § 1 in fine of the Convention).
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.
Fatoş AracıDavid Thór Björgvinsson
Deputy RegistrarPresident
Full & Egal Universal Law Academy