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ANABTAUI AND OTHERS v. BULGARIA

Doc ref: 66071/14 • ECHR ID: 001-212737

Document date: September 23, 2021

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ANABTAUI AND OTHERS v. BULGARIA

Doc ref: 66071/14 • ECHR ID: 001-212737

Document date: September 23, 2021

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 66071/14 Olya Damyanova ANABTAUI and Others against Bulgaria

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 23 September 2021 as a Committee composed of:

Armen Harutyunyan, President, Jolien Schukking, Ana Maria Guerra Martins, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 15 September 2014,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants were represented by Mr M. Ekimdzhiev and Ms G. Chernicherska , lawyers practising in Plovdiv.

The applicants’ complaints under Article 1 of Protocol No. 1 and Article 13 of the Convention concerning the excessive duration of a restitution procedure were communicated to the Bulgarian Government (“the Government”).

On 7 January 2020 and 12 July 2021 the Court received friendly-settlement declarations signed by the parties, under which the applicants agreed to waive any further claims against Bulgaria in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay them jointly EUR 7,500, to cover any pecuniary and non-pecuniary damage and costs and expenses, plus any tax that may be chargeable to the applicants. This amount 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 parties agreed that such 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 the Protocols thereto 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 14 October 2021.

{signature_p_2}

Viktoriya Maradudina Armen Harutyunyan Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 1 of Protocol No. 1 and Article 13 of the Convention

(excessive duration of a restitution procedure)

No.

Applicant’s Name

Year of birth

Nationality

Place of residence

1Olya Damyanova ANABTAUI

1953Bulgarian

Plovdiv

2Mariya Damyanova MIRCHEVA

1959Bulgarian

Sofia

3Boris Georgiev SARANDALIEV

1933Bulgarian

Asenovgrad

4Boris Stefanov SARANDALIEV

1954Bulgarian

Asenovgrad

5Konstantin Konstantinov SARANDALIEV

1990Bulgarian

Asenovgrad

6Nikola Konstantinov SARANDALIEV

1982Bulgarian

Varna

7Petko Georgiev SARANDALIEV

1934Bulgarian

Asenovgrad

8Stefan Konstantinov SARANDALIEV

1980Bulgarian

Varna

9Nevena Kostova SARANDALIEVA

1931Bulgarian

Asenovgrad

10Todora Petrova SARANDALIEVA

1952Bulgarian

Asenovgrad

11Liliya Georgieva TOMOVA

1938Bulgarian

Asenovgrad

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