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ILIK v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"

Doc ref: 67481/14 • ECHR ID: 001-158435

Document date: October 6, 2015

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ILIK v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"

Doc ref: 67481/14 • ECHR ID: 001-158435

Document date: October 6, 2015

Cited paragraphs only

FIRST SECTION

DECISION

Application no . 67481/14 Petar ILIK against the former Yugoslav Republic of Macedonia

The European Court of Human Rights ( First Section ), sitting on 6 October 2015 as a Committee composed of:

Elisabeth Steiner , President, Mirjana Lazarova Trajkovska , Paulo Pinto de Albuquerque , judges, and André Wampach , Deputy Section Registrar ,

Having regard to the above application lodged on 7 October 2014 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Petar Ilik , is a Macedonian national, who was born in 1940 and lives in Skopje He was represented before the Court by Ms D. ÄŒakarovska Grozdanovska , a lawyer practising in Skopje .

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

The applicant complained under Article 6 of the Convention about the length of civil proceedings for annulment of a contract and payment of compensation .

On 18 August and 3 September 2015 the Court received friendly settlement declarations signed by the parties under which 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 him 2,100 euros to cover any non-pecuniary damage as well as costs and expenses, which will be converted into the national currency 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 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 29 October 2015 .

André Wampach Elisabeth Steiner Deputy Registrar President

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