FIFTH SECTION

DECISION

Application no. 24193/05 by Evgeni Kolev GENCHEV against Bulgaria

The European Court of Human Rights (Fifth Section), sitting on 8 January 2008 as a Chamber composed of:

Peer Lorenzen , President, Snejana Botoucharova , Karel Jungwiert , Rait Maruste , Javier Borrego Borrego , Renate Jaeger , Mark Villiger , judges , and Claudia Westerdiek , Section Registrar ,

Having regard to the above application lodged on 22 June 2005,

Having regard to the formal declarations accepting a friendly settlement of the case ,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Evgeni Kolev Genchev , is a Bulgarian national who was born in 1960 and lives in Sofia . He was not legally represented. T he Bulgarian Government (“the Government”) were represented by their Agent, Ms M. Kotseva , of the Ministry of Justice .

A. The circumstances of the case

The facts of the case, as submitted by the parties, may be summarised as follows.

On 27 March 1995 the applicant brought an action against a limited liability company, alleging that it had breached a contract which they had entered into in 1994.

After holding several hearings, in June 1999 the Sofia City Court stayed the proceedings, holding that that the applicant was suffering from a mental disease and lacked legal capacity . In February 2000 that ruling was overturned and the proceedings resumed.

On 12 August 2003 the Sofia City Court dismissed the applicant ’ s action. The applicant appealed. While the case was pending before the Sofia Court of Appeals, the defendant company became insolvent. Accordingly, on 17 May 2006 the court discontinued the proceedings and nullified the lower court ’ s judgment.

COMPLAINTS

1. The applicant complain ed under Article 6 § 1 of the Convention about the allegedly excessive length of the proceedings .

2. The applicant also complained that the Sofia City Court had stated that he was mentally ill. He relied on Article 14 of the Convention.

THE LAW

On 19 July 2007 the Court received the following declaration signed by the applicant:

“ I, Evgeni Kolev Genchev , note that the Government of Bulgaria are prepared to pay ex gratia the sum of 5,000 euros with a view to securing a friendly settlement of the above ‑ mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any non ‑ pecuniary damage as well as costs and expenses, will be converted into Bulgarian lev [s] at the rate applicable on the date of payment, and free of any taxes that may be applicable. The whole sum will be payable 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. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

I accept the proposal and waive any further claims against Bulgaria in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.

7 July 2007 For the applicant:

(signature) ”

On 14 November 2007 the Court received the following declaration from the Government:

“ T he Government of Bulgaria hereby offer to pay ex gratia 5,000 euros to Mr Evgeni Kolev Genchev with a view to securing a friendly settlement of the above ‑ mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any non ‑ pecuniary damage as well as costs and expenses, will be c onverted into Bulgarian lev [s] at the rate applicable on the date of payment, and free of any taxes that may be applicable. The whole sum will be payable 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 undertake 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 will constitute the final resolution of the case.

Sofia , 14 November 2007 For the Government:

(signature) Milena Kot [ s ] eva ”

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 public policy 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 discontinue the application of Article 29 § 3 and 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.

             Claudia Westerdiek Peer Lorenzen Registrar President