THIRD SECTION
DECISION
Application no. 15101/13
Hankija DOLOVAC
against Serbia
The European Court of Human Rights (Third Section), sitting on 19 June 2018 as a Committee composed of:
Pere Pastor Vilanova, President,
Branko Lubarda,
Georgios A. Serghides, judges,
and Stephen Phillips, Section Registrar,
Having regard to the above application lodged on 30 January 2013,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Hankija Dolovac, is a Serbian national, who was born in 1961 and lives in Novi Pazar. She was represented before the Court by Mr I. Kalić, a lawyer practising in Novi Pazar.
The Serbian Government (“the Government”) were initially represented by their former Agent, Ms V. Rodić, being more recently substituted by their current Agent, Ms N. Plavšić.
The applicant complained under Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 about the respondent State’s failure to enforce the final court decisions of the Municipal Court in Novi Pazar of 24 September 2003, 20 May 2004 and 14 December 2006, rendered in her favour against a company called “Raška Holding – Novi Pazar Pamučna predionica d.o.o. u restrukturiranju”. These court decisions remain unenforced to the present day. The debtor was at the relevant time a socially-owned company.
On 14 November 2016 and 28 October 2014 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 her 2,000 EUR (two thousand euros), less any amounts which may have already been paid in that regard at the domestic level, to cover any non-pecuniary damage as well as costs and expenses, which would be converted into local currency at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. This sum would 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 parties, furthermore, agreed that within the said three-month period the Government would pay, from their own funds, the sums awarded in the domestic decisions under consideration in the present case, less any amounts which may have already been paid on the basis of the said decisions, plus the costs of the domestic enforcement proceedings. These payments will constitute the final resolution of the case pending before the European Court of Human Rights.
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 12 July 2018.
Stephen PhillipsPere Pastor Vilanova
RegistrarPresident
Full & Egal Universal Law Academy