THIRD SECTION
DECISION
Applications nos. 42903/10 and 59521/14
Perica ARANĐELOVIĆ against Serbia
and Ljubiša MARKOVIĆ against Serbia
The European Court of Human Rights (Third Section), sitting on 30 June 2015 as a Committee composed of:
Ján Šikuta, President,
Iulia Antoanella Motoc,
Branko Lubarda, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above applications lodged on 17 July 2010 and 2 June 2011 respectively,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Mr Perica Aranđelović and Mr Ljubiša Marković, are Serbian nationals born in 1955 and 1965 and living in Donji Milanovac and Majdanpek respectively. They were represented before the Court by Mr M. Ralević and Mr D. Vasiljević, lawyers practising in Majdanpek.
The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.
Relying on Article 6 § 1 of the Convention, the applicants complained about the length of the enforcement proceedings of final court decisions (Municipal Court in Majdanpek of 24 October 2001 and 21 October 2005) rendered in their favour against different socially/State-owned companies.
Between 26 January 2015 and 4 May 2015 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Serbia in respect of the facts giving rise to these applications against an undertaking by the Government to pay each of them 2,000 EUR (two thousand euros), less any amounts 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. These sums 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 these sums within the said three-month period, the Government undertook to pay simple interest on them, 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. These payments will constitute the final resolution of the cases.
THE LAW
The Court considers that, in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their similar factual and legal background.
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 applications.
In view of the above, it is appropriate to strike the cases out of the list.
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 23 July 2015.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
Full & Egal Universal Law Academy