SECOND SECTION
DECISION
Application no. 11707/07
by GRAĐANSKI LIST - CREDENDA CLASSICS D.O.O. and Others
against Serbia
The European Court of Human Rights (Second Section), sitting on 21 June 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 26 February 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicants are Građanski List - Credenda Classics D.O.O., a limited liability company with a seat in Novi Sad, Serbia and eight Serbian nationals: Mr Miodrag Nikić, born in 1967 and lives in Novi Sad; Ms Sofija Dotlić, born in 1959 and lives in Novi Sad; Mr Robert Vizi, born in 1975 and lives in Novi Sad; Mr Vladimir Mučibabić, born in 1978 and lives in Novi Sad; Ms Teodora Janković, born in 1977 and lives in Novi Sad; Mr Ivan Angelovski, born in 1978 and lives in Bački Jarak; Mr Jovan Paripović, born in 1939 and lives in Novi Sad; and Ms Ljiljana Natošević, born in 1971 and lives in Novi Sad. They were represented before the Court by Mr V. Beljanski, a lawyer practising in Novi Sad. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
The applicants complained under Articles 6 and 13 of the Convention about the length of criminal proceedings they had instigated against a third party.
On 3 March 2011 and 15 March 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 each of them 1000 euros (thousand euros) to cover any non-pecuniary damage as well as 600 euros (six hundred euros) to cover any and all costs and expenses, which would be converted into domestic currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. These sums will be 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 this sum within the said three-month period, the Government undertook to pay simple interest on it, 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
Full & Egal Universal Law Academy