SECOND SECTION
DECISION
Application no. 40411/07
Milomir LJUBISAVLJEVIĆ
against Serbia
The European Court of Human Rights (Second Section), sitting on 20 March 2012 as a Committee composed of:
András Sajó, President,
Dragoljub Popović,
Paulo Pinto de Albuquerque, judges,
and Françoise Elens-Passos, Deputy Section Registrar,
Having regard to the above application lodged on 31 August 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Milomir Ljubisavljević, is a Serbian national who was born in 1933 and lives in Markovac. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
The applicant complained under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 about the failure of the respondent Party to enforce a final domestic judgment rendered in his favour against a socially‑owned enterprise.
On 18 November 2011 and 5 January 2012 the Court received friendly settlement declarations signed by the parties under which the applicant 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 him 6,200 (six thousand two hundred) euros to cover any non-pecuniary damage as well as costs and expenses, which would be converted into national currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from 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 parties furthermore agreed that the Government would pay, from its own funds, and within the same three-month period the sums awarded by the domestic decision of 6 March 2001.
These payments 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 (Article 37 § 1 in fine of the Convention).
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Françoise Elens-PassosAndrás Sajó
Deputy RegistrarPresident
Full & Egal Universal Law Academy