10420/17, ŽIVANOVIĆ v. SERBIA - Decyzja Europejskiego Trybunału Praw Człowieka

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Decyzja Europejskiego Trybunału Praw Człowieka z dnia 10 kwietnia 2018 r. 10420/17

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2018:0410DEC001042017

THIRD SECTION

DECISION

Application no. 10420/17

Mića ŽIVANOVIĆ

against Serbia

The European Court of Human Rights (Third Section), sitting on 10 April 2018 as a Committee composed of:

Pere Pastor Vilanova, President,

Branko Lubarda,

Georgios A. Serghides, judges,

and Fatoş Aracı, Deputy Section Registrar,

Having regard to the above application lodged on 27 January 2017,

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, Mr Mića Živanović, is a Serbian national, who was born in 1987 and lives in Belgrade. He was represented before the Court by Mr V. Damjanović, 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 length of a labour dispute.

On 7 November 2017 and 1 December 2017 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 2,900 (two thousand nine hundred 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, and EUR 500 (five hundred euros) to cover any and all costs and expenses, plus any tax that may be chargeable to the applicant. These sums 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 to strike the case out of its list of cases. In the event of failure to pay these sums within the said three-month period, the Government undertook to pay simple interest on them, 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.

Done in English and notified in writing on 17 May 2018.

Fatoş Aracı

Pere Pastor Vilanova

Deputy Registrar

President