SECOND SECTION
DECISION
Application no. 48972/13
Hajrudin KAMBEROVIĆ against Croatia
and 4 other applications
(see list appended)
The European Court of Human Rights (Second Section), sitting on 13 October 2015 as a Commitee composed of:
Helen Keller, President,
Ksenija Turković,
Robert Spano, judges,
and Abel Campos, Deputy Section Registrar,
Having regard to the above applications lodged on dates set out in appendix,
Having regard to the formal declarations accepting a friendly settlement of the cases,
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 § 1 of the Convention about the excessive length of civil proceedings. In the application no. 48972/13 the applicant also complained under Article 13 of the Convention about the ineffectiveness of the domestic length-of proceedings remedies.
On the dates set out in the appendix, the parties signed friendly settlement declarations, under which each applicant agreed to waive any further claims against Croatia in respect of the facts giving rise to his or her applications against an undertaking by the Government to pay them sums set out in the appendix to cover any non-pecuniary damage as well as costs and expenses. The amounts will be converted into Croatian kunas at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. Each sum 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 sums within the said three-month period, the Government undertook to pay simple interest on each unpaid sum, 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 cases.
THE LAW
Given that the five applications at hand concern the same facts and complains and raise identical issues under the Convention, the Court decides to join them, pursuant to Rule 42 § 1 of the Rules of the Court.
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 applications. In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 5 November 2015.
Abel CamposHelen Keller
Deputy RegistrarPresident
APPENDIX
No.
Application no.
Lodged on
Applicant date of birth
Place of residence
Type of the domestic proceedings
Date of the applicant’s friendly-settlement declaration
Date of Government’s friendly-settlement declaration
Friendly settlement sum (in euros)
48972/13
03/07/2013
Hajrudin KAMBEROVIĆ
13/10/1949
Zagreb
Civil proceedings
01/06/2015
31/07/2015
5,700
796/15
20/12/2014
Davor GJURAŠIN
10/03/1957
Zagreb
Civil proceedings concerning employment dispute
23/06/2015
31/07/2015
7,500
4447/15
09/01/2014
Anka TURKALJ
01/11/1955
Vinkovci
Civil proceedings
11/06/2015
31/07/2015
1,750
No.
Application no.
Lodged on
Applicant date of birth
Place of residence
Type of the domestic proceedings
Date of the applicant’s friendly-settlement declaration
Date of Government’s friendly-settlement declaration
Friendly settlement sum (in euros)
8534/15
06/02/2015
Danica DIVKOVIĆ
08/12/1951
Opatija
Civil proceedings
03/06/2015
31/07/2015
2,650
11002/15
24/02/2015
Živko PETRIČIĆ
23/01/1952
Hvar
Civil proceedings
06/06/2015
31/07/2015
4,000
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