SECOND SECTION
DECISION
Application no. 43499/07
Branislav KRSTIĆ against Montenegro
and 2 other applications
(see list appended)
The European Court of Human Rights (Second Section), sitting on 11 October 2016 as a Committee composed of:
Valeriu Griţco, President,
Nebojša Vučinić,
Stéphanie Mourou-Vikström, judges,
and Hasan Bakırcı, 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
The list of applicants, as well as other relevant information, is set out in the appended table.
The Montenegrin Government (“the Government”) were represented by their Agent, Ms V. Pavličić.
The applicants’ complaints, under Articles 6 § 1 and 13 of the Convention, concerning the non-enforcement of the final domestic decisions rendered in favour of the second and third applicants and the length of the impugned enforcement proceedings as regards the first applicant were communicated to the Government.
Between 3 January 2016 and 24 March 2016 the Court received friendly‑settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Montenegro in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them 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 17 November 2016.
Hasan BakırcıValeriu Griţco
Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth
Nationality
Representative name and location
Date of receipt of Government declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
per applicant
(in euros)[i]
Amount awarded for costs and expenses per applicant
(in euros)[ii]
43499/07
12/09/2007
Branislav KRSTIĆ
23/07/1947
MON, SER
24/03/2016
14/01/2016
2,100
100
65695/09
01/12/2009
Dragutin NOVAKOVIĆ
18/03/1960
MON
24/03/2016
03/01/2016
3,600
100
56175/13
28/08/2012
Neđeljko KADIĆ
25/01/1948
MON
Minić Budislav
Kolašin
24/03/2016
04/01/2016
3,600
500
[i] Plus any tax that may be chargeable to the applicants.
[ii] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy