THIRD SECTION

DECISION

Application no. 616/16 Dorian MATLIJA against Albania

The European Court of Human Rights (Third Section), sitting on 5 October 2021 as a Committee composed of:

María Elósegui, President, Darian Pavli, Frédéric Krenc, judges,

and Olga Chernishova, Deputy Section Registrar,

Having regard to the above application lodged on 14 December 2015,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Mr Dorian Matlija, is an Albanian national, who was born in 1976 and lives in Tirana.

2. The Albanian Government (“the Government”) were represented by their then Agent, Mr E. Muçaj and, subsequently, by Ms B. Lilo of the State Attorney’s Office.

3. The applicant’s complaints under Articles 6 § 1, 10 and 13 of the Convention about the domestic authorities’ failure to comply with a final domestic decision ordering them to disclose certain documents demonstrating that the president and members of the Public Procurement Commission fulfilled the statutory criteria for their appointment in public office were communicated to the Government.

4. The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against the respondent Government in respect of the facts giving rise to this application, subject to an undertaking by the Government to provide him with the information ordered in the domestic court decision, as stored in the archives of relevant State institutions, including, without limitation, the archives of the Prime Ministers’ office and the Public Procurement Commission, save for judicial status certificates ( certifikatë e gjendjes gjyqësore ) which had been destroyed owing to limited storage periods, within three months from the date of notification of the Court’s decision.

5. In addition, the Government undertook to pay the applicant 5,000 EUR, to cover any non-pecuniary damage together with any costs and expenses, plus any tax that may be chargeable, which will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will 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 undertake 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 LAW

6. 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 that 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 4 November 2021.

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Olga Chernishova María Elósegui Deputy Registrar President