SECOND SECTION
DECISION
Application no. 14414/08
by Božidar ĐORĐEVIĆ and Sreten NIKOLIĆ
against Serbia
The European Court of Human Rights (Second Section), sitting on 27 September 2011 as a Committee composed of:
András Sajó, President,
Dragoljub Popović,
Paulo Pinto de Albuquerque, judges,
and Françoise Elens-Passos, Deputy Section Registrar,
Having regard to the above application lodged on 13 March 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicants, Mr Božidar Đorđević and Mr Sreten Nikolić, are Serbian nationals who were born in 1954 and 1952 respectively and live in Surdulica. They were represented before the Court by Mr D. Vidosavljević, a lawyer practising in Leskovac. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
The applicants complained under Article 6 of the Convention, and Article 1 of Protocol No. 1 thereto about the failure of the respondent party to pay them amounts awarded to them by a final decision rendered against a socially owned company.
On 26 April 2011 and 10 May 2011 the Court received friendly settlement declarations signed by the parties under which the applicants 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 them 4,800 (four thousand eight hundred) euros to cover any non-pecuniary damage as well as 600 (six hundred) euros to cover any costs and expenses. The Government also undertook to pay to the applicants the full amounts of their claims in the domestic proceedings, as recognized by the decision of 27 December 1990 (Decision of District Court in Leskovac . 1/88, . 1/89). The above-mentioned sum would be converted into domestic currency at the rate applicable on the date of payment. These sums will be free of any taxes that may be applicable and will payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay these sums within the said three-month period, the Government undertook to pay simple interest on them, from 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 (Article 37 § 1 in fine of the Convention).
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.
Françoise Elens-PassosAndrás Sajó
Deputy RegistrarPresident
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