FIRST SECTION
DECISION
Application no. 44511/13
Stjepan GLOGOVIĆ
against Croatia
The European Court of Human Rights (First Section), sitting on 27 June 2017 as a Committee composed of:
Kristina Pardalos, President,
Ksenija Turković,
Tim Eicke, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above application lodged on 26 June 2013,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Stjepan Glogović, is a Croatian national who was born in 1951 and lives in Marija Gorica. He was represented before the Court by Ms K. Šošić, a lawyer practising in Zagreb.
The Croatian Government (“the Government”) were represented by their Agent, Ms Š. Stažnik.
The applicant complained, under Article 6 § 1 of the Convention, that he did not have a fair trial because a submission of the competent State Attorney’s Office, providing its comments on an appeal lodged by the applicant, had not been forwarded to him.
On 28 July 2015 and 21 September 2015 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Croatia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 1,550 (one thousand five hundred and fifty) euros to cover any and all non-pecuniary damage as well as costs and expenses, which will be converted into Croatian kunas at the rate applicable on the date of payment, plus any tax that may be chargeable to the applicant. It 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 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 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. 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 20 July 2017.
Renata DegenerKristina Pardalos
Deputy RegistrarPresident
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