FIRST SECTION
DECISION
Application no. 75175/13
Aferdita THEODHOSI
against Albania
The European Court of Human Rights (First Section), sitting on 15 December 2015 as a Committee composed of:
Aleš Pejchal, President,
Ledi Bianku,
Armen Harutyunyan, judges
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 18 March 2013,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Aferdita Theodhosi, is an Albanian national, who was born in 1951 and lives in Tirana. She was represented before the Court by Mr M. Theodhosi, a lawyer practising in Tirana.
The Albanian Government (“the Government”) were represented by their Agent, Ms A. Hicka of the State Advocate’s Office.
The applicant complained under Article 6 § 1 of the Convention about the length of the administrative proceedings before the Commission on Property Restitution and Compensation.
On 16 September and 3 October 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 pay her EUR 5,900 (five thousand nine hundred euros) to cover any and all 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 above 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 January 2016.
André WampachAleš Pejchal
Deputy RegistrarPresident
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