FIRST SECTION

DECISION

Application no . 61228/12 Zorica LAZAREVSKA against the former Yugoslav Republic of Macedonia

The European Court of Human Rights (First Section), sitting on 15 March 2016 as a Committee composed of:

Kristina Pardalos, President, Robert Spano, Pauliine Koskelo, judges, and André Wampach, Deputy Section Registrar ,

Having regard to the above application lodged on 7 September 2012,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Zorica Lazarevska, is a Macedonian national, who was born in 1949 and lives in Skopje.

The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.

The applicant complained that her appeals, lodged in a set of civil proceedings for unlawful enrichment, were rejected as lodged out of time.

On 2 October 2015 and 4 February 2016 the Court received friendly settlement declarations, dated 17 September 2015 and 29 January 2016, respectively, and signed by the parties. Under the declaration the applicant agreed to waive any further claims against the former Yugoslav Republic of Macedonia in respect of the facts giving rise to this application against an undertaking by the Government to pay her ex gratia 1,900 euros to cover any and all non-pecuniary damage as well as costs and expenses and any tax that may be chargeable, which will be converted into the national currency at the rate applicable on the date of payment. 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 applicant declared that this constituted 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 7 April 2016 .

             André Wampach Kristina Pardalos              Deputy Registrar President