SECOND SECTION
DECISION
Application no. 14400/08
Živana KOJIĆ against Serbia
and Darinka JOVANOVIĆ against Serbia
The European Court of Human Rights (Second Section), sitting on 13 November 2012 as a Committee composed of:
Paulo Pinto de Albuquerque, President,
Dragoljub Popović,
Helen Keller, judges,
and Françoise Elens-Passos, Deputy Section Registrar,
Having regard to the above application lodged on 10 March 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Ms Živana Kojić and Ms Darinka Jovanović, are Serbian nationals, who were born in 1937 and 1936, respectively and live in Belgrade. They were represented before the Court by Mr V. Zdravković, a lawyer practising in Belgrade.
The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
The applicants complained under Article 6 of the Convention about the excessive length of their property-related civil proceedings.
On 11 July 2011 and 12 July 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 EUR 3,200 (three thousand two hundred euros) to cover any non‑pecuniary damage, as well as EUR 600 (six hundred euros) to both of them jointly to cover any costs and expenses, which will be converted into the 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. In the event of failure to pay these sums within the said three‑month period, the Government undertook to pay simple interest on them, 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 pursuant to Article 39 of the Convention.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Françoise Elens-PassosPaulo Pinto de Albuquerque
Deputy RegistrarPresident
Full & Egal Universal Law Academy