SECOND SECTION
DECISION
Application no. 53112/18
Dragan TODOROVSKI
against North Macedonia
The European Court of Human Rights (Second Section), sitting on 5 May 2022 as a Committee composed of:
Gilberto Felici, President,
Jovan Ilievski,
Diana Sârcu, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 2 November 2018,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant’s complaint under Article 6 § 1 of the Convention about violation of the principle of equality of arms was communicated to the Government of North Macedonia (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against North Macedonia in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amount detailed in the appended table. 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 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 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 May 2022.
Viktoriya Maradudina Gilberto Felici
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
Application no.
Date of introduction
Applicant’s name
Year of birth
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
53112/18
02/11/2018
Dragan TODOROVSKI
1958
09/03/2022
10/03/2022
900
[1] Plus any tax that may be chargeable to the applicant.