FOURTH SECTION
DECISION
This version was rectified on 29 January 2019
under Rule 81 of the Rules of Court.
Application no. 1820/18
Biljana ĐURKOVIĆ OBUĆINA
against Bosnia and Herzegovina
The European Court of Human Rights (Fourth Section), sitting on 25 September 2018 as a Committee composed of:
Carlo Ranzoni, President,
Faris Vehabović,
Péter Paczolay, judges,
and Andrea Tamietti, Deputy Section Registrar,
Having regard to the above application lodged on 30 December 2017,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Ms Biljana Đurković Obućina, is a national of Bosnia and Herzegovina and of the Republic of Serbia, who was born in 1957 and lives in Belgrade. She was represented before the Court by Mr V. Biljić, a lawyer practising in Belgrade. Further to the notification under Article 36 § 1 of the Convention, the Serbian Government did not wish to exercise their right to intervene in the present case.
2. The Government of Bosnia and Herzegovina (“the Government”) were represented by their Agent, Ms B. Skalonjić.
3. The applicant complained under Article 6 of the Convention about the excessive length of civil proceedings concerning investment compensation.
4. On 27 June 2018 and 18 June 2018 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Bosnia and Herzegovina in respect of the facts giving rise to this application against an undertaking by the Government to pay her EUR 1,600 (one thousand and six hundred euros) to cover any and all non-pecuniary damage, less any amounts which may have already been paid in that regard at the domestic level[1], as well as EUR 500 (five hundred euros) to cover any and all costs and expenses, plus any tax that may be chargeable to the applicant. These sums will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay these sums 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.
5. The payment will constitute the final resolution of the case.
THE LAW
6. 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 18 October 2018.
Andrea TamiettiCarlo Ranzoni
Deputy RegistrarPresident
[1]. Rectified on 29 January 2019: the text “less any amounts which may have already been paid in that regard at the domestic level” has been added in paragraph 4.
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