22279/15, BRIČIĆ I INNI v. CHORWACJA - Decyzja Europejskiego Trybunału Praw Człowieka

Orzeczenia sądów
Opublikowano: www.echr.coe.int

Decyzja Europejskiego Trybunału Praw Człowieka z dnia 3 grudnia 2020 r. 22279/15

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2020:1203DEC002227915

FIRST SECTION

DECISION

Application no. 22279/15

Zurahid BRIČIĆ against Croatia

and 3 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 3 December 2020 as a Committee composed of:

Krzysztof Wojtyczek, President,

Linos-Alexandre Sicilianos,

Erik Wennerström, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the formal declarations accepting a friendly settlement of the cases,

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants' complaints under Article 6 § 1 and Article 13 of the Convention concerning the excessive length of proceedings and the ineffectiveness of domestic remedies in that respect were communicated to the Croatian Government ("the Government").

The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Croatia in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court's decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake 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 cases.

Uzasadnienie prawne

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

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 applications.

In view of the above, it is appropriate to strike the cases out of the list.

Sentencja

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

Decides to join the applications;

Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 14 January 2021.

Liv Tigerstedt

Krzysztof Wojtyczek

Acting Deputy Registrar

President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention

(excessive length of civil proceedings)

No.

Application no.

Date of introduction

Applicant's name

Year of birth

Representative's name and location

Date of receipt of Government's declaration

Date of receipt of Applicant's declaration

Amount awarded for non-pecuniary damage and costs and expenses per applicant

(in euros) 1

1.

22279/15

30/04/2015

Zurahid BRIČIĆ

1969

Štivić Dražen

Županja

30/10/2020

29/09/2020

5,250

2.

26166/15

19/05/2015

Mladen DOMITROVIĆ

1963

Horvat Lidija

Zagreb

30/10/2020

28/09/2020

8,250

3.

31796/15

23/06/2015

STAR NET SOFTWARE d.o.o.

Marohnić Svetlana

Zagreb

30/10/2020

23/09/2020

5,250

4.

33590/15

18/06/2015

Domeniko JOVANOVIĆ

1950

Margan Vladimir

Rijeka

30/10/2020

04/11/2020

5,400

1

Plus any tax that may be chargeable to the applicants.