Europejskiego Trybunału Praw Człowieka
z dnia 18 grudnia 2018 r.
Application no. 5946/17
The European Court of Human Rights (First Section), sitting on 18 December 2018 as a Committee composed of:
Aleš Pejchal, President,
Jovan Ilievski, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above application lodged on 11 January 2017,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Nebojša Hodak, is a Croatian national, who was born in 1966 and lives in Zagreb. He was represented before the Court by Ms V. Drenški Lasan, a lawyer practising in Zagreb.
The Croatian Government ("the Government") were represented by their Agent, Ms Š. Stažnik.
The applicant complained under Article 6 §§ 1 and 3 (c) of the Convention about the violation of the principles of equality of arms, adversarial proceedings and the absence of defence from the session of the appeal panel.
On 31 October and 22 November 2018 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Croatia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 2,000 euros to cover any non-pecuniary damage as well as costs and expenses, which 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. It 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 this sum within the said three-month period, the Government undertook 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.
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.
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 24 January 2019.