48255/16, RADIŠIĆ I INNI v. CHORWACJA - Decyzja Europejskiego Trybunału Praw Człowieka

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Decyzja Europejskiego Trybunału Praw Człowieka z dnia 17 września 2020 r. 48255/16

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2020:0917DEC004825516

FIRST SECTION

DECISION

Application no. 48255/16

Ankica RADIŠIĆ and Others against Croatia

(see appended table)

The European Court of Human Rights (First Section), sitting on 17 September 2020 as a Committee composed of:

Krzysztof Wojtyczek, President,

Linos-Alexandre Sicilianos,

Armen Harutyunyan, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 9 August 2016,

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

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

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

The applicants were represented by Ms K. Grba, a lawyer practising in Rijeka.

The applicants' complaint under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings in the part before the Constitutional Court was communicated to the Croatian Government ("the Government").

The Court received the friendly-settlement declaration under which the applicants agreed to waive any further claims against Croatia in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay them jointly the amount detailed in the appended table. This amount will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court's decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake 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.

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 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.

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.

Liv Tigerstedt

Krzysztof Wojtyczek

Acting Deputy Registrar

President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

(Length of civil proceedings)

Application no.

Date of introduction

Applicant's name

Date of birth

Date of receipt

of Government's declaration

Date of receipt

of Applicant's declaration

Amount awarded to all applicants jointly

(in euros) 1

48255/16

09/08/2016

(3 applicants)

Ankica RADIŠIĆ

22/01/1960

Tamara VEZMAR

02/04/1980

Miloš RADIŠIĆ

12/04/1984

04/08/2020

15/07/2020

2,500

1

Plus any tax that may be chargeable to the applicants.