FOURTH SECTION

DECISION

Application no . 39020/11 Krasimir Dimitrov BEEV and Tsonka Danailova BEEVA 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 3 June 2011,

Having deliberated, decides as follows:

THE FACTS

The applicants, Mr Krasimir Dimitrov Beev and Ms Tsonka Danailova Beeva , are Bulgarian nationals, who were born in 1979 and 1950 respectively and live in Velingrad . They were represented before the Court by Mr M. Ekimdzhiev and Ms G. Chernicherska , lawyers practising in Plovdiv.

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

On 9 October 2014 the Court decided to give notice to the Government of the applicants ’ complaints about the authorities ’ failure to comply with final court decisions and to pay them compensation for the expropriation of their property.

On 25 February 2015 the Government submitted to the Registry their observations on the admissibility and merits of the application. These were forwarded to the applicants, who were invited to submit observations in reply by 12 May 2015.

A. The circumstances of the case

The first applicant owned a plot of land in Sofia measuring 2,539 square metres. In September 2009 he transferred the plot to his mother, the second applicant.

On 26 March 2010 the Council of Ministers decided to expropriate 2,529 square metres of land with a view to building the ring road of Sofia; that land included part of the second applicant ’ s plot. The decision said that the expropriated owners were to be given in total 540,713 new Bulgarian levs (BGN) (the equivalent of 276,400 euros (EUR)) in compensation, of which BGN 334,604 were due for the expropriated part of the second applicant ’ s plot. Apparently, the decision recorded the first applicant as the owner of that part of the plot and determined that the compensation in respect of it was to be paid to him.

The first applicant challenged the amount of compensation before the Supreme Administrative Court. The Ministry of Regional Development and Public Works and the Road Infrastructure Agency took part in the proceedings as interested third parties. In a final judgment of 2 November 2010, relying on the conclusions of an expert report obtained in the course of the proceedings, the Supreme Administrative Court found that the compensation for the expropriated land should be increased from BGN 540,713 to BGN 1,085,320 (the equivalent of EUR 554,792). The court also awarded the first applicant costs in the amount of BGN 12,310 (the equivalent of EUR 6,292), to be paid to him by the Council of Ministers.

On 27 January 2011 the Regional Governor of Sofia paid the second applicant BGN 334,604, the amount fixed as compensation for the expropriated part of her plot under the decision of 26 March 2010 .

The applicants wrote to the Prime Minister, the Ministry of Regional Development and Public Works and the Road Infrastructure Agency, inviting them to abide by the judgment of 2 November 2010 by ordering payment of the outstanding amount of compensation.

B. Subsequent developments

On 30 March 2015 the applicants ’ representative informed the Court that the applicants wanted to withdraw the application since they had reached a friendly settlement with the authorities on 21 March 2015.

COMPLAINTS

The applicants complained under Article 6 § 1, as well as under Article 1 of Protocol No. 1 to the Convention and Article 13 in conjunction with both of these Articles about the authorities ’ failure to comply with final court decisions and to pay them compensation for the expropriation of their property.

THE LAW

In the light of the applicants ’ will, transmitted to the Court on 30 March 2015 by their representative, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.

Accordingly, the case should be struck out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases.

Done in English and notified in writing on 30 July 2015 .

Fatoş Aracı Päivi Hirvelä Deputy Registrar President