FIRST SECTION
DECISION
Applications nos. 38448/21 and 60069/21
K.P.M. LIMITED against Montenegro
(see appended table)
The European Court of Human Rights (First Section), sitting on 9 March 2023 as a Committee composed of:
Alena Poláčková, President,
Gilberto Felici,
Raffaele Sabato, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
Details relevant to the applicant are set out in the appended table.
The applicant company’s complaints under Article 6 of the Convention concerning the length of proceedings before the Constitutional Court were communicated to the Montenegrin Government (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against Montenegro in respect of the facts giving rise to these two applications, subject to an undertaking by the Government to pay it the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake 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 cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 the Protocols thereto 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 30 March 2023.
Viktoriya Maradudina Alena Poláčková
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 of the Convention
(length of proceedings before the Constitutional Court)
No.
Application no.
Date of introduction
Applicant’s name
Year of registration
Representative’s name and location
Date of receipt of the Government’s declaration
Date of receipt of the Applicant’s declaration
Amount awarded for non-pecuniary damage
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
38448/21
17/07/2021
K.P.M. LIMITED
2004
Prelević Dragan
Podgorica
13/12/2022
05/12/2022
1,200
250
60069/21
01/12/2021
K.P.M. LIMITED
2004
Tomović Dalibor
Podgorica
13/12/2022
05/12/2022
1,500
250
[1] Plus any tax that may be chargeable to the applicant.
[2] Plus any tax that may be chargeable to the applicant.