FIRST SECTION
DECISION
Application no. 40583/10
Kristina VVEISE SARPANOVA
against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (First Section), sitting on 1 April 2014 as a Committee composed of:
Paulo Pinto de Albuquerque, President,
Mirjana Lazarova Trajkovska,
Linos-Alexandre Sicilianos, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 30 June 2010,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Kristina Vveise Sarpanova, is a Macedonian national, who was born in 1983 and lives in Štip. She was represented before the Court by Mr U. Koehler, lawyer practising in Magdeburg, Germany.
The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.
The applicant complained under Articles 6 and 14 of the Convention about administrative proceedings for early (disability) retirement.
On 1 July 2013 and 30 August 2013 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against the former Yugoslav Republic of Macedonia in respect of the facts giving rise to this application against an undertaking by the Government to pay her 1,150 euros to cover any non-pecuniary damage as well as costs and expenses, which would be converted into the national currency at the rate applicable on the date of payment and would be free of any taxes that may be applicable. The sum 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 this sum within the said 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 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.
André WampachPaulo Pinto de Albuquerque
Deputy RegistrarPresident
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