THIRD SECTION
DECISION
Application no. 29230/16
Alen ČOLAKOVIĆ
against Serbia
The European Court of Human Rights (Third Section), sitting on 10 October 2017 as a Committee composed of:
Pere Pastor Vilanova, President,
Branko Lubarda,
Georgios A. Serghides, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 9 May 2016,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Alen Čolaković, is a Serbian national, who was born in 1969 and lives in Čačak. He was represented before the Court by Mr R. Glavonjić, a lawyer practising in Čačak.
The Serbian Government (“the Government”) were represented by their Agent, Ms N. Plavšić.
The applicant complained under Article 6 of the Convention about the length of the civil proceedings. The proceedings were finalised by Judgment No. Gž1-3030/12 of 29 May 2013 rendered by the Appellate Court in Kragujevac.
On 2 June 2017 and 24 August 2016 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Serbia in respect of the facts giving rise to this application against an undertaking by the Government to pay him EUR 3,100 (three thousand and one hundred euros) to cover any and all non-pecuniary damage less any amounts which may have already been paid in that regard at the domestic level, as well as EUR 500 (five hundred euros) to cover any and all costs and expenses, plus any tax that may be chargeable. These sums 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. 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 9 November 2017.
Fatoş AracıPere Pastor Vilanova
Deputy RegistrarPresident
Full & Egal Universal Law Academy