THIRD SECTION
DECISION
Application no. 21317/16
Laslo BALAŠA
against Serbia
The European Court of Human Rights (Third Section), sitting on 4 September 2018 as a Committee composed of:
Pere Pastor Vilanova, President,
Branko Lubarda,
Georgios A. Serghides, judges,
and Stephen Phillips, Section Registrar,
Having regard to the above application lodged on 2 April 2016,
Having regard to the declaration submitted by the respondent Government on 22 June 2018 requesting the Court to strike the application out of the list of cases and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Laslo Balaša, is a Serbian national, who was born in 1953 and lives in Bačko Petrovo Selo.
The Serbian Government (“the Government”) were represented by their Agent, Ms N. Plavšić.
The applicant complained under Article 6 § 1 of the Convention about the length of civil proceedings.
The application was communicated to the Government on 5 October 2017.
After unsuccessful friendly-settlement negotiations, by letter dated 22 May 2018 the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application.
They acknowledged a violation of the applicant’s rights guaranteed by Article 6 § 1 of the Convention. They undertook to pay to the applicant EUR 3,600 less any amounts which may have already been paid in that regard at the domestic level in order to cover any non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant in respect of this application. This sum will be converted into national currency at the rate applicable on the date of payment and will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of case. The payment will constitute the final resolution of the case.
On 22 June 2018, the Court received a letter from the applicant informing the Court that he had agreed to the terms of the Government’s declaration.
THE LAW
The Court finds that following the applicant’s express agreement to the terms of the declaration made by the Government the case should be treated as a friendly settlement between the parties.
It therefore 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 pursuant to Article 39 of the Convention.
Done in English and notified in writing on 27 September 2018.
Stephen PhillipsPere Pastor Vilanova
RegistrarPresident
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