FIRST SECTION
DECISION
Application no. 24094/11
Nenad TRIFUNOVSKI
against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (First Section), sitting on 2 June 2015 as a Committee composed of:
Linos-Alexandre Sicilianos, President,
Mirjana Lazarova Trajkovska,
Ksenija Turković, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 4 April 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Nenad Trifunovski, is a Macedonian national, who was born in 1970 and lives in Tetovo.
The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.
The applicant complained under Article 6 of the Convention that the judicial decisions on contempt of court had not been reasoned.
On 7 April 2015 the Court received a friendly-settlement declaration dated 23 March 2015 and signed by the parties. The declaration provided as follows:
“1. The Government... and... (the applicant) have now reached the following friendly settlement on the basis of respect for human rights, as defined in the... Convention... in order to terminate the proceedings before the... Court... that originated in application no. 24094/11.
2. The Government waives the right to enforce the fine of 1,000 euros (EUR) imposed on the applicant with the final decision I RO. Br. 794/09 of the First Instance Court Skopje II Skopje of 3 May 2010 on contempt of court. This is to cover any pecuniary and non-pecuniary damage and legal costs and expenses. The Government waives the right to initiate enforcement proceedings upon the final decision I RO. Br. 794/09 of the First Instance Court Skopje II Skopje of 3 May 2010, and in this respect to inform the State Attorney Office and/or any other relevant bodies responsible for enforcement. The Government will inform the applicant about the formal notification submitted to the responsible institutions.
3. The Government and the applicant undertake not to request the reference of the case to the Grand Chamber under Article 43 § 1 of the Convention after the delivery of the Court’s decision.”
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 25 June 2015.
André WampachLinos-Alexandre Sicilianos
Deputy RegistrarPresident
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