Sazdovski v. "the Former Yugoslav Republic of Macedonia"

FIRST SECTION

Application no. 26970/13 Gorgija SAZDOVSKI against the former Yugoslav Republic of Macedonia

The European Court of Human Rights (First Section), sitting on 4 October 2016 as a Committee composed of:

Ledi Bianku, President , Aleš Pejchal, Armen Harutyunyan,

and Renata Degener, Deputy Section Registrar,

Having regard to the above application lodged on 4 April 2013,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Gorgija Sazdovski, is a Macedonian national, who was born in 1946 and lives in Skopje. He was represented before the Court by Mr D. Anastasov, a lawyer practising in Skopje.

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

The applicant complained under Article 1 of Protocol No.1 of the Convention about the domestic courts’ refusal to order the claimant to reimburse the legal costs that the applicant incurred in the non-contentious proceedings after those proceedings had been concluded on account of the withdrawal of the claim.

On 6 June 2016 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 700 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Macedonian Denars at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the decision taken by the Court. The Government and the applicant undertook that this 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.

Done in English and notified in writing on 27 October 2016.

Renata Degener Ledi Bianku Deputy Registrar President