Angel DIMOV v Yugoslav Republic of Macedonia - 11792/07 [2011] ECHR 2210 (6 December 2011)
The Court found the friendly settlement reached between the parties to be based on respect for human rights and saw no reason to continue examination of the application, thus striking the case out of its list.
Source-derived case information.
- Citation
- [2011] ECHR 2210
- Parties
- Applicant: Angel Dimov; Respondent: Government of the former Yugoslav Republic of Macedonia
- Jurisdiction
- European Union
- Procedural Posture
- Application to the European Court of Human Rights / Decision on Friendly Settlement
- Outcome
- Application struck out of the list of cases due to friendly settlement.
- Legal Topics
- Length of Proceedings, Article 6 ECHR, Friendly Settlement
Source-derived case record
Summary, issues, holding and outcome
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Parties
Angel Dimov
Applicant
Government of the former Yugoslav Republic of Macedonia
Respondent
Procedural Posture
Application to the European Court of Human Rights / Decision on Friendly Settlement
Legal Issues
- 1 Whether the length of civil proceedings for annulment of a decision for allocation of an apartment violated Article 6 of the Convention
Ratio Decidendi
The Court found the friendly settlement reached between the parties to be based on respect for human rights and saw no reason to continue examination of the application, thus striking the case out of its list.
Court Disposition
Application struck out of the list of cases due to friendly settlement.
Orders
- The Government shall pay the applicant 4,400 euros to cover non-pecuniary damage and costs and expenses, converted into national currency at the applicable rate, free of taxes, within three months from notification of the decision.
- In case of late payment, simple interest at the marginal lending rate of the European Central Bank plus three percentage points shall be paid from expiry of the three-month period until settlement.
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] European Court of Human Rights You are here: BAILII >> Databases >> European Court of Human Rights >> Angel DIMOV v Yugoslav Republic of Macedonia - 11792/07 [2011] ECHR 2210 (6 December 2011) URL: https://www.bailii.org/eu/cases/ECHR/2011/2210.html Cite as: [2011] ECHR 2210 [ New search ] [ Contents list ] [ Printable RTF version ] [ Help ] FIRST SECTION DECISION Application no. 11792/07 Angel DIMOV against the former Yugoslav Republic of Macedonia The European Court of Human Rights (First Section), sitting on 6 December 2011 as a Committee composed of: Peer Lorenzen, President, Elisabeth Steiner, Khanlar Hajiyev, judges, and André Wampach , Deputy Section Registrar , Having regard to the above application lodged on 5 March 2007, Having regard to the formal declarations accepting a friendly settlement of the case, Having deliberated, decides as follows: PROCEDURE The applicant, Mr Angel Dimov, is a Macedonian national who was born in 1953 and lives in Negotino. His application was lodged on 5 March 2007. He was represented before the Court by Ms S. Mitkovska, a lawyer practising in Negotino. The Macedonian Government (“the Government”) were represented by their Agent, Mrs R. Lazareska Gerovska. The applicant complained under Article 6 of the Convention about the length of civil proceedings for annulment of a decision for allocation of an apartment. On 15 July 2011 and 23 September 2011 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 him 4,400 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 pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 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 (Article 37 § 1 in fine of the Convention). 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. André Wampach Peer Lorenzen Deputy Registrar President BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/ECHR/2011/2210.html