FIRST SECTION
DECISION
Application no. 11861/08
by Nada BARIŠIĆ
against Croatia
The European Court of Human Rights (First Section), sitting on 13 January 2011 as a Committee composed of:
Khanlar Hajiyev, President,
Nina Vajić,
Dean Spielmann, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 14 February 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Ms Nada Barišić, a Croatian national who was born in 1958 and lives in Zagreb. The Croatian Government (“the Government”) were represented by their Agent, Ms Š. Stažnik.
The applicant complained under Article 6 § 1 and Article 13 of the Convention about the length of the inheritance proceedings and that there was no effective remedy to ensure that the orders of higher courts, adopted upon requests concerning the length of pending proceedings, were complied with.
On 8 October and 4 November 2010 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 her 2,000 euros to cover any non-pecuniary damage as well as costs and expenses. This amount will be converted into Croatian kuna at the rate applicable on the date of payment, and will be free of any taxes that may be applicable and will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 payment will constitute the final resolution of the case.
THE LAW
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the respect for human rights does not require a continued examination of the application (Article 37 § 1 in fine of the Convention).
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.
André WampachKhanlar Hajiyev
Deputy RegistrarPresident
Full & Egal Universal Law Academy