Europejskiego Trybunału Praw Człowieka
z dnia 20 października 2015 r.
Application no. 10833/13
The European Court of Human Rights (Third Section), sitting on 20 October 2015 as a Committee composed of:
Valeriu Griţco, President,
Mārtiņš Mits, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 16 January 2013,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Milena Stanojević, is an Serbian national, who was born in 1953 and lives in Vladičin Han. She was represented before the Court by Mr N. Antić, a lawyer practising in Vladičin Han.
The Serbian Government ("the Government") were represented by their Agent, Ms V. Rodić.
The applicant complained under Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1 to the Convention about the non-enforcement of final judgments of the Municipal Court in Vladičin Han of 23 June 2003, 19 February 2004 and 10 March 2005 against DP PK "Delišes", a socially-owned company.
The application had been communicated to the Government.
On 7 October 2014 the Court received a friendly settlement declaration signed by the applicant.
On 12 January 2015 the Court also received a friendly settlement declaration signed by the Government with regard to the judgement of 10 March 2005. As regards the judgements of 23 June 2003 and 19 February 2004, the Government refused to settle the case and provided written observations.
On 2 April 2015 the applicant's representative informed the Court that the applicant has decided to withdraw the application with regard to the judgements of 23 June 2003 and 19 February 2004.
In the friendly settlement declarations regarding the judgement of 10 March 2005 signed by the parties the applicant agreed to waive any further claims against Serbia against an undertaking by the Government to pay her 2,000 EUR (two thousand euros) less any amount which may have already been paid in that regard at the domestic level to cover any non-pecuniary damage as well as costs and expenses, which would 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. This sum would 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 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 parties, furthermore, agreed that within the said three-month period the Government would pay, from their own funds, the sum awarded in the judgment of the Municipal Court in Vladičin Han of 10 March 2005, less any amounts which may have already been paid on the basis of the said decision, plus the costs of the domestic enforcement proceedings. This payment would constitute the final resolution of the case pending before the European Court of Human Rights.
The Court takes note of the information by the applicant's representative that the applicant no longer intends to pursue her application before the Court with regard to the judgements of 23 June 2003 and 19 February 2004. The Court finds no reason to justify a continued examination of the application regarding these judgements. It, therefore, decides to strike the application out in this respect pursuant to Article 37 § 1 (a) of the Convention.
The Court further takes note of the friendly settlement reached between the parties with regards to the judgement of 10 March 2005. 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 this part of the application.
In view of the above, it is appropriate to strike the entire case out of the Court's list of cases.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
Decides to strike the application out as regards the judgments of 23 June 2003 and 19 February 2004 pursuant to Article 37 § 1 (a) of the Convention.
Decides to strike the remainder of the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 19 November 2015.