SECOND SECTION
DECISION
Application no. 712/06
by Biljana ĐORIĆ-FRANCUSKI
against Serbia
The European Court of Human Rights (Second Section), sitting on 4 March 2008 as a Chamber composed of:
Françoise Tulkens, President,
Antonella Mularoni,
Ireneu Cabral Barreto,
Rıza Türmen,
Danutė Jočienė,
Dragoljub Popović,
Nona Tsotsoria, judges,
and Françoise Elens-Passos, Deputy Registrar,
Having regard to the above application lodged on 21 December 2005,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having deliberated, decides as follows:
THE FACTS
The applicant, Ms Biljana Đorić-Francuski, is a Serbian national who was born in 1961 and lives in Belgrade. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
The facts of the case, as submitted by the parties, may be summarised as follows.
In 1995 the applicant’s former husband brought a civil action against her, seeking a declaration regarding the ownership of a flat.
Following several remittals of the case prior to 3 March 2004, on 18 January 2006 the First Municipal Court (Prvi opštinski sud) in Belgrade ruled against the plaintiff.
On 4 October 2007 the District Court (Okružni sud) in Belgrade confirmed this judgment on the merits, but remitted the case to the First Municipal Court as regards the costs.
COMPLAINT
The applicant complained under Article 6 § 1 of the Convention about the length of the above proceedings.
THE LAW
On 30 October 2007 the applicant accepted a friendly settlement offer, whereby the Government acknowledged that there had been a violation of the “reasonable time” requirement contained in Article 6 § 1 of the Convention and promised to pay her an equivalent of 800 euros in Serbian dinars on account of the non-pecuniary damage suffered. The applicant, in return, agreed to withdraw her application, once this sum was paid, and waived any further claims in respect of the present case.
On 13 November 2007 the respondent State paid the above-specified amount.
On 14 November 2007 the applicant informed the Court that she wanted to withdraw her application.
In view of the above, the Court considers that the applicant no longer wishes to pursue her application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which would require the continued examination of the case. Accordingly, it is appropriate to discontinue the application of Article 29 § 3 and to strike the case out of the Court’s list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Françoise Elens-PassosFrançoise Tulkens
Deputy RegistrarPresident
Full & Egal Universal Law Academy