THIRD SECTION
DECISION
Application no. 9252/19
Lyuben Nikolov TOSHKOV and Others
against Bulgaria
The European Court of Human Rights (Third Section), sitting on 14 December 2023 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 23 January 2019,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of applicants is set out in the appended table.
The applicants were represented by Mr M. Ekimdzhiev and Ms K. Boncheva, lawyers practising in Plovdiv.
The applicants’ complaints under Article 1 of Protocol No. 1 and Article 13 of the Convention concerning the excessive length of a restitution procedure were communicated to the Bulgarian Government (“the Government”).
On 12 April and 21 November 2023 the Court received friendly-settlement declarations signed by the parties. 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 four of them 7,000 euros (EUR), to cover any pecuniary and non-pecuniary damage, as well as costs and expenses. This amount would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would 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 undertook 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 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 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 18 January 2024.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
List of the applicants:
No.
Applicant’s Name
Year of birth
Nationality
Place of residence
1.
Lyuben Nikolov TOSHKOV
1950
Bulgarian
Sofia
2.
Nikolay Dimitrov TOSHKOV
1971
Bulgarian
Elin Pelin
3.
Afrodita Hristos TOSHKOVA
1952
Bulgarian
Elin Pelin
4.
Hristina Dimitrova TOSHKOVA
1977
Bulgarian
Sofia