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Decyzja
Europejskiego Trybunału Praw Człowieka
z dnia 19 maja 2015 r.
34319/14

UZASADNIENIE

Wstęp

FIRST SECTION

DECISION

Application no. 34319/14

Gordana VUČIĆ against Croatia

and 2 other applications

(see list appended)

The European Court of Human Rights (First Section), sitting on 19 May 2015 as a Committee composed of:

Khanlar Hajiyev, President,

Julia Laffranque,

Erik Møse, judges,

and André Wampach, Deputy Section Registrar,

Having regard to the above applications lodged on 29 April and 7 and 21 May 2014,

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

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

The applicants are Croatian nationals. The list of the applicants is set out in the appendix together with their personal details. The first applicant was represented by Ms B. Paprić, a lawyer practicing in Osijek whereas the remaining two applicants were unrepresented.

The Croatian Government ("the Government") were represented by their Agent, Ms Š. Stažnik.

The applicants complained under Article 6 § 1 of the Convention about the excessive length of various proceedings specified in the appendix.

On the dates set out in the appendix, the parties signed friendly settlement declarations, under which each applicant agreed to waive any further claims against Croatia in respect of the facts giving rise to his or her application against an undertaking by the Government to pay them the sums set out in the appendix to cover any non-pecuniary damage as well as costs and expenses. The amounts will be converted into Croatian kunas at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. Each sum 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 any of those sums within the said three-month period, the Government undertook to pay simple interest on each unpaid sum, 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 of the relevant sum will constitute the final resolution of each individual case.

Uzasadnienie prawne

THE LAW

Given that the three applications at hand concern the same facts and complaints and raise identical issues under the Convention, the Court decides to join them, pursuant to Rule 42 § 1 of the Rules of the Court.

The Court takes note of the friendly settlements reached between the parties. It is satisfied that the settlements are 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 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 11 June 2015.

André Wampach

Khanlar Hajiyev

Deputy Registrar

President

APPENDIX

No

Lodged on

Applicant

Date of birth

Place of residence

Type of the domestic proceedings

Date of the applicant’s friendly-settlement declaration

Date of the Government’s friendly-settlement declaration

Friendly settlement sum (in euros)

29/04/2014

Gordana VUČIĆ

16/12/1960

Darda

Proceedings before the Constitutional Court

02/02/2015

02/04/2015

2,000

07/05/2014

Zoran MANJKAS

19/11/1957

Zagreb

Proceedings before the Constitutional Court

25/01/2015

01/04/2015

1,550

21/05/2014

Petar BANIĆ

26/02/1958

Križevci

Civil proceedings

02/03/2015

02/04/2015

1,200