FIRST SECTION

DECISION

Application no . 75971/12 Irina NIKOLOVA against the former Yugoslav Republic of Macedonia

The European Court of Human Rights ( First Section ), sitting on 1 July 2014 as a Committee composed of:

Paulo Pinto de Albuquerque, President , Mirjana Lazarova Trajkovska , Ksenija Turković , judges ,

and André Wampach , Deputy Section Registrar ,

Having regard to the above application lodged on 20 November 2012 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Irina Nikolova , is a Macedonian national, who was born in 1955 and lives in Prilep . She was represented before the Court by Mr N. Sredovski , a lawyer practising in Bitola .

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

The applicant complained about the dismissal of her compensation claim lodged against a hospital concerning an alleged medical error.

On 23 May 2014 the Court received a friendly -settlement declaration dated 24 April 2014 and signed by the parties . The declaration provided as follows:

“The Government... and... the applicant ’ s representative have now reached the following friendly settlement on the basis of respect for human rights, as defined in the... Convention... in order to terminate the proceedings before the... Court... that originated in application no. 75971/12.

The Government will pay, ex gratia, the sum of EUR 8,000 to Ms. Irina Nikolova (“the applicant”). This sum is to cover any pecuniary and non-pecuniary damage and legal costs and expenses. This sum will be converted into Macedonian denars at the rate applicable on the date of the payment, and it will be payable to the personal account of the applicant in bank within the territory of the [respondent State]. Execution of payment will take place within three months from the date of notification of the Court ’ s [decision] striking the case out of its list of cases.

The Government and the applicant undertake not to request the reference of the case to the Grand Chamber under Article 43 § 1 of the Convention after the delivery of the Court ’ s [decision] .”

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.

André Wampach Paulo Pinto de Albuquerque Deputy Registrar President