European Court of Human Rights

The only outstanding matter to be settled is the question of the application of Article 50 (art. 50). As to the facts of the case, reference is made to paragraphs 9 to 34 of the principal judgment (ibid., pp. 8-18).

In the principal judgment the Court stated that it was unable to accept the Government’s plea as to the absence of a sufficient causal link between the alleged damage and the violation found. However, it considered that the question of the application of Article 50 (art. 50) was not ready for decision, since it had been provided by those appearing before it with no information as to whether and, if so, to what extent Netherlands law allowed reparation to be made for the consequences of that violation. It therefore reserved the whole of the said question and invited the Government and the applicant to submit, within the next three months, their written comments thereon and, in particular, to notify it of any agreement reached between them (paragraph 48 of the reasons and point 2 of the operative provisions, pp. 22 and 23).

"With reference to the judgment of the Court in the Kostovski case, the Government of the Kingdom of the Netherlands submits the following observations on the question of the application of Article 50 (art. 50) of the Convention in this case.

The Government is prepared to pay the sum of FL 150,000 (hundred and fifty thousand Dutch guilders), in conformity with the claim of Mr Kostovski as mentioned in paragraph 47 of the said judgment, as just satisfaction for the non-pecuniary damage represented by his detention in the Netherlands."

A copy of this letter was sent to the applicant’s lawyer, from whom the Registrar received on 16 March a reply dated 13 March in the following terms:

"With reference to your letter of 22 February 1990 I want to let you know on behalf of Mr Kostovski, that he is willing to accept the offer made by the Dutch Government to pay the sum of FL 150,000 as satisfaction for the non-pecuniary damage represented by his detention in the Netherlands."

On 23 and 26 March respectively, the applicant’s lawyer and the Agent of the Government confirmed to the Registrar that these two letters were to be treated as setting out the terms of a friendly settlement of the applicant’s claims under Article 50 (art. 50).

AS TO THE LAW

"If the Court finds that a decision or a measure taken by a legal authority or any other authority of a High Contracting Party is completely or partially in conflict with the obligations arising from the ... Convention, and if the internal law of the said Party allows only partial reparation to be made for the consequences of this decision or measure, the decision of the Court shall, if necessary, afford just satisfaction to the injured party."

Since delivering the principal judgment, the Court has been notified of a friendly settlement reached between the Government and the applicant in respect of the latter’s claim under Article 50 (art. 50) (see paragraph 4 above). Having regard to the nature of the terms agreed and to the absence of objections by the Commission’s Delegate, the Court finds that the settlement reached is "equitable" within the meaning of Rule 53 § 4 of the Rules of Court. Accordingly, the Court takes formal note of the settlement and concludes that it is appropriate to strike the case out of its list pursuant to that Rule.

FOR THESE REASONS, THE COURT UNANIMOUSLY

Decides to strike the case out of its list.

Done in English and in French, and notified in writing under Rule 54 § 2, second sub-paragraph, of the Rules of Court on 29 March 1990.

Rolv RYSSDAL

President

Marc-André EISSEN

Registrar