FIFTH SECTION

DECISION

Application no. 62585/09 Aleksandar Ivanov NIKOLOV against Bulgaria

The European Court of Human Rights (Fifth Section), sitting on 25 September 2018 as a Committee composed of:

Gabriele Kucsko-Stadlmayer , President, Yonko Grozev , Lәtif Hüseynov , judges,

and Milan Blaško, Deputy Section Registrar ,

Having regard to the above application lodged on 22 October 2009,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Mr Aleksandar Ivanov Nikolov , is a Bulgarian national who was born in 1953 and lives in Sofia. He was represented before the Court by Ms S. Razboynikova , a lawyer practising in Sofia.

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

3. The applicant complained under Article 10 of the Convention that he had been found liable in damages for bringing criminal charges against his former boss on account of the latter ’ s alleged failure (in respect of which he had been prosecuted and acquitted) to comply with a judgment which had found the applicant ’ s dismissal from work unlawful and had ordered his reinstatement to his post.

4. On 4 June and 23 July 2018 respectively 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 the application against an undertaking by the Government to pay him:

(a) BGN 19,166.95 ( nineteen thousand one hundred and sixty-six Bulgarian levs and ninety-five stotinki ) to cover any pecuniary damage, plus any tax that may be chargeable;

(b) EUR 4,500 (four thousand five hundred euros) to cover any non-pecuniary damage, plus any tax that may be chargeable;

(c) BGN 3,080 (three thousand eighty Bulgarian levs) to cover any and all costs and expenses incurred for preventing and redressing the alleged breach of Article 10 of the Convention at domestic level, plus any tax that may be chargeable to the applicant; and

(d) EUR 2,000 (two thousand euros) to cover any and all costs and expenses incurred in the proceedings before the Court, plus any tax that may be chargeable to the applicant.

5. The declarations went on to say that the sums under (b) and (d) would be converted into Bulgarian levs at the rate applicable on the date of payment; that all of the above sums would be payable within three months from the date of notification of the decision by the Court to strike the case out of its list of cases; that in the event of failure to pay these sums within that three-month period, the Government undertook to pay simple interest on them, from 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; and that the payment would constitute the final resolution of the case.

THE LAW

6. The Court takes note of the friendly settlement between the parties. It is satisfied that this settlement is based on respect for human rights as defined in the Convention and its Protocols, and finds no reason justifying the continued examination of the application. I t is therefore appropriate to strike the application 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 18 October 2018 .

Milan Blaško Gabriele Kucsko-Stadlmayer Deputy Registrar President