THIRD SECTION
DECISION
Application no. 26303/12
Milanka JURIŠIĆ
against Serbia
The European Court of Human Rights (Third Section), sitting on 10 June 2014 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 16 April 2012,
Having regard to the settlement reached between the parties on 8 April 2013 concerning the above application,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Milanka Jurišić, is a Serbian national, who was born in 1952 and lives in Belgrade. She was represented before the Court by Mr A. Žoldoš, a lawyer practising in Sombor.
The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
On 29 November 2012 the Court gave notice to the Government of the applicant’s complaints under Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 thereto concerning the alleged non-enforcement of the Forth Municipal Court (Opštinski sud) in Belgrade judgment of 7 March 2007 rendered in the favour of the applicant against a socially-owned company.
After the failure of attempts to reach a friendly settlement initiated by the Court, on 9 April 2013 the Court was informed that on 8 April 2013 the parties had reached a settlement, the relevant part of which reads as follows:
“1. The Republic of Serbia undertakes to pay to the applicant ex gratia 4,300 (four thousand three hundred) euros converted into Serbian Dinar at the mid-market rate [applicable on the date of payment] with a view to securing a friendly settlement of the [application no. 26303/12 pending before the European Court of Human Rights].
2. This sum, which covers non-pecuniary damages, as well as costs, shall be payable within three months from the date of notification of the decision taken by the European Court of Human Rights to strike the case out of its list of cases, pursuant to Article 37 § 1 of the European Convention on Human Rights.
3. The applicant is paid out the amount awarded by the final judgment [of 2 March 2007].
4. [The applicant] waives any further claims against the Republic of Serbia in respect to the facts giving rise to the application no. 26303/12.
5. This settlement constitutes a final resolution of the case.”
THE LAW
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and its Protocols does not require it to continue the examination of the application under Article 37 § 1 in fine.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
Full & Egal Universal Law Academy