Georgi Petrov FIRKOV v Bulgaria - 2731/06 [2011] ECHR 958 (31 May 2011)
The Court found the friendly settlement satisfactory and based on respect for human rights, justifying striking the application out of the list.
Source-derived case information.
- Citation
- [2011] ECHR 958
- Parties
- Applicant: Georgi Petrov Firkov; Respondent: Bulgarian Government
- Jurisdiction
- European Union
- Procedural Posture
- Application to European Court of Human Rights / Friendly Settlement, Decision to Strike Out
- Outcome
- Application struck out of the list of cases due to friendly settlement.
- Legal Topics
- Article 6 § 1 (right to a Fair Trial), Article 7 (no Punishment Without Law)
Source-derived case record
Summary, issues, holding and outcome
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Parties
Georgi Petrov Firkov
Applicant
Bulgarian Government
Respondent
Procedural Posture
Application to European Court of Human Rights / Friendly Settlement, Decision to Strike Out
Legal Issues
- 1 Whether the applicant's rights under Articles 6 § 1 and 7 of the Convention were violated
Ratio Decidendi
The Court found the friendly settlement satisfactory and based on respect for human rights, justifying striking the application out of the list.
Court Disposition
Application struck out of the list of cases due to friendly settlement.
Orders
- Government to pay applicant 5,300 euros within three months, converted to Bulgarian levs at applicable rate, free of taxes.
- Simple interest to accrue if payment is delayed, at ECB marginal lending rate plus three percentage points.
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 >> Georgi Petrov FIRKOV v Bulgaria - 2731/06 [2011] ECHR 958 (31 May 2011) URL: https://www.bailii.org/eu/cases/ECHR/2011/958.html Cite as: [2011] ECHR 958 [ New search ] [ Contents list ] [ Printable RTF version ] [ Help ] FOURTH SECTION DECISION Application no. 2731/06 by Georgi Petrov FIRKOV against Bulgaria The European Court of Human Rights (Fourth Section), sitting on 31 May 2011 as a Committee composed of: Lech Garlicki, President, Zdravka Kalaydjieva, Vincent A. De Gaetano, judges, and Fatoş Aracı , Deputy Section Registrar , Having regard to the above application lodged on 29 December 2005, Having regard to the formal declarations accepting a friendly settlement of the case, Having deliberated, decides as follows: PROCEDURE The applicant, Mr Georgi Petrov Firkov, is a Bulgarian national who was born in 1955 and lives in Bulgaria. He was represented before the Court by Ms R. Yosifova, a lawyer practising in Sofia. The Bulgarian Government (“the Government”) were represented by their Agent, Mrs N. Nikolova, of the Ministry of Justice. The applicant submitted complaints under Articles 6 § 1 and 7 of the Convention. On 13 October 2010 the Court communicated the application to the Government. On 15 November 2010 and 6 April 2011 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 5,300 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into Bulgarian levs at the rate applicable on the date of payment, and will 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 application out of the list. For these reasons, the Court unanimously Decides to strike the application out of its list of cases. Fatoş Aracı Lech Garlicki Deputy Registrar President BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/ECHR/2011/958.html