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STOYANOV v. BULGARIA

Doc ref: 6062/11 • ECHR ID: 001-156630

Document date: July 2, 2015

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STOYANOV v. BULGARIA

Doc ref: 6062/11 • ECHR ID: 001-156630

Document date: July 2, 2015

Cited paragraphs only

FOURTH SECTION

DECISION

Application no . 6062/11 Petar Nedelchev STOYANOV against Bulgaria

The European Court of Human Rights ( Fourth Section ), sitting on 2 July 2015 as a Committee composed of:

Päivi Hirvelä , President, Faris Vehabović , Yonko Grozev , judges,

and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 6 December 2010 ,

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 Nedelchev Stoyanov , is a Bulgarian national, who was born in 1953 and lives in Kochmar .

The Bulgarian Government (“the Government”) wer e represented by their Agent, M s R. Nikolova, of the Ministry of Justice.

The applicant complained under Article 2 of Protocol No. 4 to the Convention about the disp roportionate restrictions on his freedom of movement as a result of a ban on his leaving the country because of being significantly indebted to the State . That complaint was communicated to the respondent Go vernment on 2 0 January 2014 .

On 26 February 2014 and 31 October 2014 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 2,500 euros to cover any and all damag e as well as costs and expenses. The sum will be converted into Bulgarian levs at the rate applicable on the date of payment, and will be free of any taxes that may be chargeable to the applicant. 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 parties agreed that this 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 30 July 2015 .

Fatoş Aracı Päivi Hirvelä Deputy Registrar President

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