Last Updated on October 3, 2020 by LawEuro
THIRD SECTION
DECISION
Application no. 82070/17
Bratislav PEŠIĆ
against Serbia
The European Court of Human Rights (Third Section), sitting on 18 December 2018 as a Committee composed of:
Pere Pastor Vilanova, President,
Branko Lubarda,
Georgios A. Serghides, judges,
and Stephen Phillips, Section Registrar,
Having regard to the above application lodged on 22 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, Mr Bratislav Pešić, is a Serbian national, who was born in 1950 and lives in Belgrade. He was represented before the Court by Mr J. Mićić, a lawyer practising in Belgrade.
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 his civil proceedings.
On 8 May 2018 and 9 May 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 EUR 3,600 (three thousand six hundred euros) to cover any non-pecuniary damage, less any amounts which may have already been paid in that regard at the domestic level, as well as EUR 500 (five hundred euros), to cover any costs and expenses, which sums will be converted into local currency at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. These sums 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 24 January 2019.
Stephen Phillips Pere Pastor Vilanova
Registrar President
Leave a Reply