THIRD SECTION
DECISION
Application no. 34513/20
Zlatka Foteva TODOROVA and Nikola Fotev CHAKAROV
against Bulgaria
(see appended table)
The European Court of Human Rights (Third Section), sitting on 4 April 2024 as a Committee composed of:
Darian Pavli, President,
Ioannis Ktistakis,
Oddný Mjöll Arnardóttir, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 3 August 2020,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Mr M. Ekimdzhiev, Ms K. Boncheva and Ms M. Dokova-Kostadinova, lawyers practising in Plovdiv.
The applicants’ complaints under Article 1 of Protocol No. 1 and under Article 13 of the Convention concerning the excessive length of restitution proceedings were communicated to the Bulgarian Government (“the Government”).
On 25 September 2023 and 26 February 2024 the Court received friendly-settlement declarations signed by the parties, under which the applicants agreed to waive any further claims against Bulgaria in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay, jointly to the two of them, 5,500 (five thousand five hundred) euros (EUR). This amount will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake 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 parties agreed that such 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 the Protocols thereto 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 25 April 2024.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
List of applicants:
No.
Applicant’s Name
Year of birth
Nationality
Place of residence
1.
Zlatka Foteva TODOROVA
1941
Bulgarian
Varna
2.
Nikola Fotev CHAKAROV
1940
Bulgarian
Varna