Last Updated on April 24, 2019 by LawEuro
THIRD SECTION
DECISION
Application no.80016/17
Tomislav JOVANOVIĆ
against Serbia
The European Court of Human Rights (Third Section), sitting on 15 January 2019 as a Committee composed of:
Pere Pastor Vilanova, President,
BrankoLubarda,
Georgios A. Serghides, judges,
andFatoşAracı, Deputy Section Registrar,
Having regard to the above application lodged on 15 November 2017,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, MrTomislavJovanović, is a Serbian national, who was born in 1943 and lives in Čačak. He was represented before the Court by Mr R. Glavonjić, a lawyer practising in Čačak.
The Serbian Government (“the Government”) were represented by their Agent, Ms N. Plavšić.
The applicant complained under Article 6 of the Convention about the excessive length of the enforcement proceedings issued in respect of a final court judgment rendered in his favour against a socially-owned company.
On 5 November 2018 and 28 March 2018 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Serbia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 2,000 euros to cover any and all non-pecuniary damage less any amounts which may have already been paid in that regard at the domestic level, as well as costs and expenses, plus any tax that may be chargeable to the applicant. This sum will be converted into national currency at the rate applicable on the date of payment, and 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.
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.
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 February 2019.
FatoşAracı Pere Pastor Vilanova
Deputy Registrar President
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