LAZAROV proti Bulharsku

FOURTH SECTION

DECISION

Application no. 56605/15
Daniel Lazarov LAZAROV
against Bulgaria

The European Court of Human Rights (Fourth Section), sitting on 2 June 2022 as a Committee composed of:

Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 12 November 2015,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Daniel Lazarov Lazarov, is a Bulgarian national, who was born in 1975 and lives in the village of Gigen. He was represented before the Court by Ms Y. Stoilova-Mateeva, a lawyer practising in Sofia.

The applicant’s complaint under Article 1 of Protocol No. 1 concerning the adequacy of the compensation paid for his real property expropriated by the State was communicated to the Bulgarian Government (“the Government”).

On 12 September 2021 and 3 May 2022, 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, subject to an undertaking by the Government to pay him 94,272 (ninety-four thousand two hundred and seventy-two) euros, to cover any pecuniary and non-pecuniary damage and costs and expenses. This amount will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above‑mentioned three-month period, the Government undertake 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 parties agreed that the payment would 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 the Protocols thereto 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 23 June 2022.

Viktoriya Maradudina Armen Harutyunyan
Acting Deputy Registrar President