FIFTH SECTION

DECISION

Application no. 24642/11 Sava Georgiev KATSAROV against Bulgaria

(s ee appended table)

The European Court of Human Rights (Fifth Section), sitting on 29 August 2019 as a Committee composed of:

Ganna Yudkivska, President, Yonko Grozev, André Potocki, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 12 April 2011 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant ’ s details are set out in the appended table.

The applicant was represented by Mr M. Ekimdzhiev and Ms K. Boncheva, lawyers practising in Plovdiv.

The applicant ’ s complaints under Article 1 of Protocol No. 1 to the Convention concerning the forfeiture of a vehicle owned by him in criminal proceedings against a third party, after it had been used for smuggling by that party, were communicated to the Bulgarian Government (“the Government”) . C omplaints based on the same facts were also communicated under other provisions of the Convention.

The Court received friendly-settlement declarations under which the applicant 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 him the amount indicated in the appended table. 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 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 19 September 2019 .

Liv Tigerstedt Ganna Yudkivska Acting Deputy Registrar President

APPENDIX

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

( forfeiture of property in criminal proceedings )

Application no. Date of introduction

Applicant ’ s name

Date of birth

Representative ’ s name and location

Date of receipt of Government ’ s declaration

Date of receipt of Applicant ’ s declaration

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

(in euros) [i]

24642/11

12/04/2011

Sava Georgiev Katsarov

16/07/1974

Mihail Ekimdzhiev

Katina Boncheva

Plovdiv

17/06/2019

14/03/2019

15,000

[i] . Plus any tax that may be chargeable to the applicant .