FIRST SECTION
DECISION
Application no. 28492/20
Sabrina CARATTONI and Maria CRESCENTINI
against San Marino
The European Court of Human Rights (First Section), sitting on 16 February 2021 as a Committee composed of:
Péter Paczolay, President,
Gilberto Felici,
Raffaele Sabato, judges,
and Attila Teplán, Acting Deputy Section Registrar,
Having regard to the above application lodged on 25 June 2020,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Ms Sabrina Carattoni and Ms Maria Crescentini, are nationals of San Marino, who were born in 1970 and 1949 respectively and live in San Marino. They were represented before the Court by Ms G. Giardi, a lawyer practising in Murata.
The San Marinese Government (“the Government”) were represented by their Agent, Mr L. Daniele.
The applicants complained under Article 6 § 1 of the Convention about the length of the civil proceedings to which they were a party.
On 15 December 2020 and 21 December 2020 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against San Marino in respect of the facts giving rise to this application against an undertaking by the Government to pay them 28,000 euros, jointly, to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses, which will be free of any taxes that may be applicable. It 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 this sum within the said three-month period, the Government undertook to pay simple interest on it, 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.
THE LAW
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 March 2021.
Attila TeplánPéter Paczolay
Acting Deputy RegistrarPresident
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