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European Court of Human Rights |
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You are here: BAILII >> Databases >> European Court of Human Rights >> Mladen JANEV v the former Yugoslav Republic of Macedonia - 2476/08 [2011] ECHR 1152 (28 June 2011) URL: http://www.bailii.org/eu/cases/ECHR/2011/1152.html Cite as: [2011] ECHR 1152 |
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FIRST SECTION
DECISION
Application no.
2476/08
by Mladen JANEV
against the former Yugoslav Republic
of Macedonia
The European Court of Human Rights (First Section), sitting on 28 June 2011 as a Committee composed of:
Anatoly Kovler,
President,
Mirjana
Lazarova Trajkovska,
Linos-Alexandre Sicilianos, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 28 December 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Mladen Janev, is a Macedonian national who was born in 1961 and lives in Negotino. The Macedonian Government (“the Government”) were represented by their Agent, Mrs R. Lazareska Gerovska.
On 4 November 2010 the Court decided to communicate the applicant’s complaint concerning the length of civil proceedings for payment of a debt. The proceedings began on 24 June 1998 and ended on 10 July 2007 (date of service).
On 6 January 2011 and 25 January 2011 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 to him 3,500 euros to cover any non pecuniary damage as well as costs and expenses, which would be converted into domestic currency at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. This sum would be payable to the personal account of the applicant within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 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 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 its Protocols and finds no reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention).
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.
André Wampach Anatoly Kovler
Deputy
Registrar President