FOURTH SECTION

DECISION

Application no . 49258/06 Bogomil Dimitrov SIMEONOV against Bulgaria

The European Court of Human Rights ( Fourth Section ), sitting on 1 October 2013 as a Committee composed of:

Päivi Hirvelä , President, Ledi Bianku , Paul Mahoney, judges, and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 27 November 2006 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Bogomil Dimitrov Simeonov , is a Bulgarian national, who was born in 1942 and lives in Sevlievo .

The Bulgarian Government (“the Government”) were represented by their Agent, M s M. Kotseva , of the Ministry of Justice .

The applicant complained in particular under Article 6 § 1 of the Convention about the failure of the State to enforce a judgment debt in his favour against a non-State party. That complaint was communicated to the respondent Government on 27 March 2013.

On 26 April 2013 and 25 July 2013 respectively 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 4,680 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 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 .

Fatoş Aracı Päivi Hirvelä Deputy Registrar President