SECOND SECTION
DECISION
Application no. 38584/10
Nedeljko ĆOSOVIĆ against Montenegro
and 5 other applications
(see list appended)
The European Court of Human Rights (Second Section), sitting on 27 September 2016 as a Committee composed of:
Valeriu Griţco, President,
Nebojša Vučinić,
Stéphanie Mourou-Vikström, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants, as well as other relevant information, is set out in the appended table.
The Montenegrin Government (“the Government”) were represented by their Agent, Ms V. Pavličić.
The applicants’ complaints, under Article 6 § 1 of the Convention, concerning the length of the civil proceedings in question were communicated to the Government.
Between 30 January 2016 and 16 June 2016 the Court received friendly‑settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Montenegro in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake 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 cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 the Protocols thereto and finds no reasons to justify a continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 20 October 2016.
Hasan BakırcıValeriu Griţco
Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth
Nationality
Representative name and location
Date of receipt of Government declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
per application
(in euros)[i]
Amount awarded for costs and expenses per application
(in euros)[ii]
38584/10
16/06/2010
Nedeljko ĆOSOVIĆ
15/05/1957
MON
28/04/2016
30/01/2016
3,100
100
72214/12
07/11/2012
Đurađ RADOVIĆ
14/06/1928
MON
Šuković Radivoje
Bijelo Polje
28/04/2016
07/03/2016
3,000
500
45474/13
29/03/2013
Dragan ĐURIŠIĆ
04/03/1949
MON
Đurišić Slavka
Podgorica
28/04/2016
03/03/2016
2,300
500
53053/13
18/07/2013
Vojislav ĆOSOVIĆ
03/03/1949
MON
Minić Budislav
Kolasin
Šuković Radivoje
Bijelo Polje
28/04/2016
16/06/2016
1,800
500
64764/13
18/07/2013
(3 applicants)
Milan ĆOSOVIĆ
06/12/1988
Senka ĆOSOVIĆ
29/11/1958
Milica PAVLEŽA
09/08/1984
MON
Minić Budislav
Kolasin
28/04/2016
16/06/2016
1,800
500
5913/15
18/12/2014
Predrag RADINOVIĆ
31/12/1977
MON
Milošević Vladimir
Podgorica
28/04/2016
29/02/2016
2,400
500
[i] Plus any tax that may be chargeable to the applicants.
[ii] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy