FOURTH SECTION
DECISION
Application no. 42563/17
BENZINSKA PUMPA ŠABANOVIĆ BENZ DOO
against Bosnia and Herzegovina
The European Court of Human Rights (Fourth Section), sitting on 25 September 2018 as a Committee composed of:
Carlo Ranzoni, President,
Faris Vehabović,
Péter Paczolay, judges,
and Andrea Tamietti, Deputy Section Registrar,
Having regard to the above application lodged on 29 May 2017,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Benzinska pumpa Šabanović Benz DOO, is a limited liability company with its registered seat in Živinice, Bosnia and Herzegovina. It was represented before the Court by Mr H. Salkanović, a lawyer practising in Živinice.
2. The Government of Bosnia and Herzegovina (“the Government”) were represented by their Agent, Ms B. Skalonjić.
3. The applicant company complained under Article 6 of the Convention about the non-enforcement of the final court decision in its case concerning the payment of a debt.
4. On 27 April 2018 and 27 June 2018 the Court received friendly settlement declarations signed by the parties under which the applicant company agreed to waive any further claims against Bosnia and Herzegovina in respect of the facts giving rise to this application against an undertaking by the Government to pay it EUR 1,500 (one thousand five hundred euros) to cover any and all non-pecuniary damage as well as EUR 500 (five hundred euros) to cover any and all costs and expenses, plus any tax that may be chargeable to the applicant company. These sums will be converted into the currency of the respondent State 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. 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 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.
5. The Government moreover undertook to ensure that all necessary steps are taken to allow the domestic proceedings under consideration in this case to be concluded as speedily as possible, taking into account the requirements of the proper administration of justice.
THE LAW
6. 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 18 October 2018.
Andrea TamiettiCarlo Ranzoni
Deputy RegistrarPresident
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