Last Updated on April 24, 2019 by LawEuro
THIRD SECTION
DECISION
Application no.21848/16
Dušan MILOŠEVIĆ
against Serbia
The European Court of Human Rights (Third Section), sitting on 17 January 2019 as a Committee composed of:
Dmitry Dedov, President,
Alena Poláčková,
JolienSchukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 6 April 2016,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
DušanMilošević was a Serbian national born in 1945 who was living in Kragujevac. He died on 17 March 2017.
By a letter of 28 December 2017 his representative, Ms B. Rakonjac, a lawyer practising in Kragujevac, informed the Court that his official heirs wished to continue the application in his stead. The Court accepts that the deceased applicant’s heirs, whose names are mentioned in the appended table, have the requisite legitimate interest and standing to pursue the application in his stead.
The applicant complained under Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 about the failure of the national authorities to enforce final court decisions rendered in his favour.
On 12 September 2018 and 26 June 2018, respectively, the Court received friendly settlement declarations signed by the parties under which the applicant’s heirs 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 to them jointly 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 them. This sum will be converted into the 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. Within the same three-month period the Government will pay to the applicant’s heirs, from their own funds, the sums awarded in the domestic decisions under consideration in this case, less any amounts which may have already been paid on the basis of the said decisions, plus the costs of the domestic enforcement proceedings. These payments 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 February 2019.
Liv Tigerstedt Dmitry Dedov
Acting Deputy Registrar President
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