THIRD SECTION
DECISION
Application no. 10038/08
Teodora ĐUKANOVIĆ
against Serbia
The European Court of Human Rights (Third Section), sitting on 2 September 2014 as a Chamber composed of:
Josep Casadevall, President,
Alvina Gyulumyan,
Ján Šikuta,
Dragoljub Popović,
Luis López Guerra,
Johannes Silvis,
Valeriu Griţco, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 6 February 2008,
Having regard to the comments submitted by the Serbian Government and the applicant,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Ms Teodora Đukanović, is a Serbian national, who was born in 1993 and lives in Belgrade. She was represented before the Court by Ms Zorica Đukanović, her mother.
2. The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.
3. The applicant complained, referring to Articles 6 and 8 of the Convention, about the excessive length of the paternity determination and its effect on her personal and psychological development, as well as financial support. The paternity proceedings had commenced in January 1994 and were terminated in October 2007.
4. On 10 January 2014 the Court invited the Serbian Government to submit their observations on the admissibility and merits of the application.
5. By letter dated 5 May 2014, the Agent of the Serbian Government informed the Court of an out-of-court settlement that had been reached by the parties on 25 April 2014, in the following terms:
“1. The Republic of Serbia undertakes to pay to the applicant...ex gratia 4,500 euros, converted into Serbian Dinar, at the mid-market rate, which amount will cover for any non-pecuniary damage as well as any costs and expenses incurred, with a view to securing a settlement of the case [application no. 10038/08 pending before the European Court of Human Rights].
2. By this settlement, the applicant shall give up any claims, on any human rights-related ground, against the Republic of Serbia in respect of the terminated paternity proceedings before the Fourth Belgrade Municipal Court (P. no. 1976/99).
3. The indicated sums shall be payable within three months from the date of notification of the decision taken by the European Court of Human Rights to strike the case out of its list of cases, pursuant to Article 37 § 1 of the European Convention on Human Rights.
4. The applicant waives any further claims against the Republic of Serbia in respect to the facts giving rise to the application no. 10038/08 submitted to the European Court of Human Rights.
5. This settlement constitutes a final resolution of the case.”
6. By letter received by the Court on 10 June 2014 the applicant confirmed her agreement to her application being struck out on the basis of the above-mentioned settlement terms.
THE LAW
7. The Court takes note of the settlement reached between the parties and the applicant’s withdrawal request. The Court considers that the applicant no longer wishes to pursue her application, within the meaning of Article 37 § 1 (a) of the Convention. In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.
8. Accordingly, the case should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Marialena TsirliJosep Casadevall
Deputy RegistrarPresident
Full & Egal Universal Law Academy