Sp Developments Eood v. Bulgaria

FIFTH SECTION

Application no. 41601/11 SP DEVELOPMENTS EOOD against Bulgaria

The European Court of Human Rights (Fifth Section), sitting on 14 February 2019 as a Committee composed of:

Síofra O’Leary, President, Mārtiņš Mits, Lado Chanturia, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 2 June 2011,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant company’s details are set out in the appended table.

It was represented by Mr A. Sazdov and Mr B. Petrov, lawyers practising in Sofia.

The applicant company’s complaint under Article 1 of Protocol No. 1 to the Convention, about its inability to enjoy its possessions peacefully as a result of the domestic courts’ refusal to award it damages in respect of legal fees it had paid in proceedings in which its penalty had been overturned as unlawful, were communicated to the Bulgarian Government (“the Government”). Complaints based on the same facts were also communicated under other provisions of the Convention.

The Court received friendly-settlement declarations 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 to the company the amount detailed in the appended table. 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 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 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 7 March 2019.

Liv Tigerstedt Síofra O’Leary Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 1 of Protocol No. 1 to the Convention

No.

Application no. Date of introduction

Applicant’s name

Representative’s name and location

Other complaints under well-established case-law

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount of friendly settlement

(in euros) [1]

41601/11

02/06/2011

SP Developments EOOD

Sazdov, Aleksandar Stoilov;

Petrov, Blagovest Petrov

Sofia

Art. 13 – absence of an effective domestic remedy -

03/12/2018

11/07/2018

4,350

[1] . Plus any tax that may be chargeable to the applicant company.