FIRST SECTION
DECISION
Application no. 45081/05
Nikola STOIMČEV and Gorgi SALEV
against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (First Section), sitting on 18 September 2012 as a Committee composed of:
Anatoly Kovler, President,
Mirjana Lazarova Trajkovska,
Erik Møse, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 6 December 2005,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicants, Mr Nikola Stoimčev and Mr Gorgi Šalev, are Macedonian nationals, who were born in 1934 and 1937 respectively and live in Kavadarci. They were represented before the Court by Mr M. Mančev, a lawyer practising in Kavadarci.
The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.
The applicants complained under Article 6 of the Convention about their civil proceedings for determination of a title to a plot of land.
On 22 March 2012 and 2 May 2012 the Court received friendly settlement declarations signed by the parties under which the applicants 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 each of them 5,200 euros to cover any non-pecuniary damage as well as costs and expenses, which would be converted into the national currency at the rate applicable on the date of payment and would 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 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 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 (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.
André WampachAnatoly Kovler
Deputy RegistrarPresident
Full & Egal Universal Law Academy