THIRD SECTION
DECISION
Application no. 48181/13
Verica ARIZANOVIĆ
against Serbia
The European Court of Human Rights (Third Section), sitting on 29 September 2015 as a Committee composed of:
Valeriu Griţco, President,
Branko Lubarda,
Mārtiņš Mits, judges
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 20 June 2013,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Verica Arizanović, is a Serbian national, who was born in 1963 and lives in Vladičin Han. She was represented before the Court by Mr N. Antić, a lawyer practicing in Vladičin Han.
The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.
The applicant complained under Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1 to the Convention about the respondent State’s failure to enforce the final court judgments of the Vladičin Han Municipal Court of 3 September 2003 and 7 April 2004, rendered in her favour, according to which a socially-owned company DP PK “Delišes” was ordered to pay her certain sums.
On 18 March 2014 the application was communicated to the Government.
On 3 June 2015 and 7 July 2015 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Serbia regarding the judgment of 7 April 2004 against an undertaking by the Government to pay her 2,000 EUR (two thousand euros) less any amount 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. This sum 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 this sum within the said three-month period, the Government undertook to pay simple interest on it, 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.
The parties, furthermore, agreed that within the said three-month period the Government would pay, from their own funds, the sum awarded in the judgment of the Vladičin Han Municipal Court of 7 April 2004, less any amounts which may have already been paid on the basis of the said judgment, plus the costs of the domestic enforcement proceedings. This payment would constitute the final resolution of the case pending before the European Court of Human Rights.
THE LAW
The Court takes note of the information by the applicant’s representative that the applicant no longer intends to pursue her application before the Court with regard to the judgement of 3 September 2003. The Court finds no reason to justify a continued examination of the application regarding this judgement. It, therefore, decides to strike the application out in this respect pursuant to Article 37 § 1 (a) of the Convention.
The Court further takes note of the friendly settlement reached between the parties as regards the judgement of 7 April 2004. 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 this part of the case out of the Court’s list of cases.
For these reasons, the Court, unanimously,
Decides to strike the application out as regards the judgment of 3 September 2003 pursuant to Article 37 § 1 (a) of the Convention.
Decides to strike the remainder of the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 22 October 2015.
Marialena TsirliValeriu Griţco
Deputy RegistrarPresident
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