FIFTH SECTION

DECISION

Application no. 66614/11 Yanko Stamenov DOLAPCHIEV against Bulgaria

The European Court of Human Rights (Fifth Section), sitting on 23 October 2018 as a Committee composed of:

Síofra O ’ Leary, President, Lәtif Hüseynov , Lado Chanturia , judges,

and Claudia Westerdiek, Section Registrar ,

Having regard to the above application lodged on 30 September 2011,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Yanko Stamenov Dolapchiev , is a Bulgarian national, who was born in 1949 and lives in Sofia. He was represented before the Court by Ms I. Vasileva , a lawyer practising in Sofia.

The Bulgarian Government (“the Government”) were represented by their Agent, Ms R. Nikolova, of the Ministry of Justice.

The applicant, a journalist, complained under Article 10 of the Convention of having been found guilty of defamation for an article he had written.

On 20 September and 20 August 2018 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Bulgaria in respect of the facts giving rise to this application against an undertaking by the Government to pay him 3,500 euros (EUR) and 1,550 Bulgarian levs (BGN), to cover any pecuniary and non-pecuniary damage as well as costs and expenses. The parties agreed that the sum of EUR 3,500 would be converted into Bulgarian levs at the rate applicable on the date of payment, and would be free of any taxes that may be chargeable to the applicant. All amounts mentioned above would be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. In the event of failure to pay these sums within the said three ‑ month period, the Government undertook to pay simple interest on them, 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 would 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 its Protocols 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 22 November 2018 .

Claudia Westerdiek Síofra O ’ Leary Registrar President