FOURTH SECTION

DECISION

Application no . 42291/08 Nikolay Milanov NIKOLOV against Bulgaria

The European Court of Human Rights ( Fourth Section ), sitting on 17 June 2014 as a Committee composed of:

George Nicolaou , President, Zdravka Kalaydjieva , Faris Vehabović , judges,

and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 14 July 2008 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Nikolay Milanov Nikolov , is a Bulgarian national, who was born in 1963 and lives in Kaspichan. He was represented before the Court by Ms N. Milanova , a lawyer practising in Kaspichan .

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

The applicant complained under Article 6 § 1 of the Convention about the excessive amount of court fees that he had been ordered to pay in the proceedings for damages against the State.

On 8 December 2013 and 28 April 2014 the Court received friendly settlement declarations signed by the parties . U nder these declarations 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 1,250 euros to cover any and all damage s as well as costs and expenses, which will be converted into Bulgarian levs at the rate ap plicable on the date of payment. This sum will be free of any taxes that may be applicable and 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.

FatoÅŸ Aracı George Nicolaou              Deputy Registrar President