FIRST SECTION

DECISION

Application no . 50916/07 Todor SERAFIMOVSKI against the former Yugoslav Republic of Macedonia

The European Court of Human Rights (First Section), sitting on 27 November 2012 as a Committee composed of:

Elisabeth Steiner , President, Anatoly Kovler , Mirjana Lazarova Trajkovska , judges, and André Wampach , Deputy Section Registrar ,

Having regard to the above application lodged on 7 November 2007,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Todor Serafimovski , is a Macedonian national, who was born in 1931 and lives in Bjergvenget , Denmark . He was represented before the Court by Mr B. Spasenoski , a lawyer practising in Tetovo .

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

The applicant complained under Article 6 and under Article 1 of Protocol No. 1 of the Convention in relation to misdemeanour proceeding in which the domestic courts ordered confiscation of money, which the applicant had not declared to the customs authorities at an airport border-crossing.

On 20 February 2012 the Court received friendly settlement declaration 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 him 2,200 euros to cover any pecuniary and non ‑ pecuniary damage, as well as costs and expenses. The parties agreed that the sum will be converted into Macedonian denars at the rate applicable on the date of payment and transferred on the applicant ’ s personal account on the territory of the respondent State within three months from the date of notification of the Court ’ s decision to strike the case out of its list of cases.

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