18343/11, VOGLI v. ALBANIA - Decyzja Europejskiego Trybunału Praw Człowieka

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Decyzja Europejskiego Trybunału Praw Człowieka z dnia 15 października 2013 r. 18343/11

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2013:1015DEC001834311

FOURTH SECTION

DECISION

Application no. 18343/11

Shero VOGLI

against Albania

The European Court of Human Rights (Fourth Section), sitting on 15 October as a Committee composed of:

David Thór Björgvinsson, President,

Vincent A. De Gaetano,

Krzysztof Wojtyczek, judges,

and Françoise Elens-Passos, Section Registrar,

Having regard to the above application lodged on 7 March 2011,

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

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

The applicant, Ms Shero Vogli, is an Albanian national, who was born in 1955 and lives in Tirane.

The Albanian Government ("the Government") were represented by their Agent, Ms L. Mandia of the State Advocate's Office.

The applicant complained that there had been a breach of Articles 6 § 1 and 13 of the Convention on account of the non-enforcement of a final decision given in her favour.

On 30 January and 26 February and 2013 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Albania in respect of the facts giving rise to this application against an undertaking by the Government to pay her EUR 7,500 (seven thousand five hundred euros) to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into the local currency 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. 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 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.

Uzasadnienie prawne

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.

Sentencja

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.

Françoise Elens-Passos

David Thór Björgvinsson

Registrar

President