THIRD SECTION
DECISION
Application no. 46827/13
Aska HRISTOV
against Serbia
The European Court of Human Rights (Third Section), sitting on 3 February 2015 as a Committee composed of:
Ján Šikuta, President,
Dragoljub Popović,
Iulia Antoanella Motoc, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 7 June 2013,
Having regard to the declaration submitted by the respondent Government on 9 December 2013 requesting the Court to strike the application out of the list of cases and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Aska Hristov, is a Serbian national, who was born in 1955 and lives in Bosilegrad.
The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.
The applicant was an employee of Yumko A.D. (the debtor), a socially/State-owned company. On 21 April 2008 she obtained a final court decision ordering the debtor to pay her certain sums. On 18 February 2013 the Municipal Court in Vranje issued an enforcement order related to this decision. The decision remains unenforced.
Relying on Articles 6 and 13 of the Convention, as well as Article 1 of Protocol No. 1 to the Convention the applicant complained about the failure by the national authorities to enforce the decision of 21 April 2008.
The application was communicated to the Government.
After unsuccessful friendly-settlement negotiations, by letter dated 9 December 2013 the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised by the application. They further requested the Court to strike out the application in accordance with Article 37 of the Convention.
The declaration, signed by the Government’s Agent, provided as follows:
“We declare that the Government of the Republic of Serbia is ready to accept that there had been a violation of the applicant’s right under Article 1 of the Protocol No. 1 to the Convention.
We further declare the Government offer to pay to the applicant, the sums awarded in the domestic decisions under consideration in this case, less any amounts which may have already been paid on the basis of the said decisions.
These sums shall be payable within three months from the date of notification of the Court’s decision. This payment will constitute the final resolution of the case.
The Government regret the occurrence of the actions which have led to the bringing of the present application.”
In a submission dated 20 June 2014, the applicant informed the Court that she accepted the Government’s declaration.
THE LAW
The Court finds that following the applicant’s express agreement to the terms of the declaration made by the Government the case can be considered as an implied friendly settlement between the parties. It therefore 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 26 February 2015.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
Full & Egal Universal Law Academy