GADANEC-KETIKIDIS v. NORTH MACEDONIA
Doc ref: 33879/16 • ECHR ID: 001-198660
Document date: October 22, 2019
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FIRST SECTION
DECISION
Application no. 33879/16 Natalija GADANEC-KETIKIDIS against North Macedonia
The European Court of Human Rights (First Section), sitting on 22 October 2019 as a Committee composed of:
Aleš Pejchal , President, Tim Eicke, Raffaele Sabato, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 9 June 2016 ,
Having regard to the formal declaration s accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Natalija Gadanec-Ketikidis , is a Macedonian/citizen of the Republic of North Macedonia, who was born in 1973 and lives in Veles. She was represented before the Court by Mr V. Zafirov , a lawyer practising in Veles.
The applicant complained under Article 6 § 1 of the Convention about the unfairness and the excessive length of civil proceedings for debt.
On 15 July and 21 August 2019 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against North Macedonia in respect of the facts giving rise to this application against an undertaking by the Government to pay her 1,850 euros (one thousand eight hundred and fifty euros) to cover any and all non-pecuniary damage as well as costs and expenses, which will be converted into denars (MKD) at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It 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 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 November 2019 .
Liv Tigerstedt Aleš Pejchal Acting Deputy Registrar President
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