FIRST SECTION

DECISION

Application no . 14985/08 Saveta PETKOVSKA against the former Yugoslav Republic of Macedonia

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

Elisabeth Steiner, President, Mirjana Lazarova Trajkovska , Linos-Alexandre Sicilianos , judges, and André Wampach , Deputy Section Registrar ,

Having regard to the above application lodged on 5 March 2008 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Saveta Petkovska , is a Macedonian national, who was born in 1952 and lives in Kumanovo. She was represented before the Court by Mr G. Andov , a lawyer practising in Kumanovo .

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

The applicant complained under Articles 6 and 14 of the Convention and Article 1 of Protocol No. 1 a bout bankruptcy and civil proceedings for determination of a right to be recognized as a secured creditor (разлачно право) in the bankruptcy proceedings . The application was communicated to the Government in respect of the length of the civil proceedings.

On 21 May 2013 and 24 May 2013 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against the former Yugoslav Republic of Macedonia in respect of the facts giving rise to this application against an undertaking by the Government to pay her 1,550 euros to cover any non-pecuniary damage as well as costs and expenses, which would be converted into the national currency at the rate applicable on the date of payment and would be free of any taxes that may be applicable. 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 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 .

André Wampach Elisabeth Steiner Deputy Registrar President