FIRST SECTION
DECISION
Application no. 70398/10
Franjo JALUŠIĆ and others
against Croatia
The European Court of Human Rights (First Section), sitting on 16 October 2012 as a Committee composed of:
Anatoly Kovler, President,
Mirjana Lazarova Trajkovska,
Erik Møse, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 21 October 2010,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix.
The Croatian Government (“the Government”) were represented by their Agent, Ms Š. Stažnik.
The applicants complained under Article 6 of the Convention about the length of civil proceedings.
On 12 June 2012 and 13 July 2012 the Court received friendly settlement declarations signed by the parties under which the applicants 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 them 8,400 euros to cover any non-pecuniary damage as well as costs and expenses, which would be converted into Croatian kunas at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. It would 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.
André WampachAnatoly Kovler
Deputy RegistrarPresident
Appendix
No.
Firstname LASTNAME
Birth year
Nationality
Place of residence
Representative
Franjo JALUŠIĆ
1925
Croatian
Ploče
M. BARBIR
Dragica LUKIN
1948
Croatian
Zadar
M. BARBIR
Lena ANDRIJAŠEVIĆ
1945
Croatian
Gradac
M. BARBIR
Sekica MARINOVIĆ
1955
Croatian
Ploče
M. BARBIR
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