THIRD SECTION
DECISION
Application no. 28969/15
Gordana MALIK
against Serbia
The European Court of Human Rights (Third Section), sitting on 6 November 2018 as a Committee composed of:
Pere Pastor Vilanova, President,
Branko Lubarda,
Georgios A. Serghides, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 28 May 2015,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Gordana Malik, is a Serbian national, who was born in 1943 and lives in Beograd. The applicant was initially represented before the Court by Mr Z. Vučićević and Ms I. Ristić, lawyers practising in Beograd. She was subsequently represented by Mr S. Arsić.
The Serbian Government (“the Government”) were represented by their Agent, Ms N. Plavšić.
The applicant complained under Article 6 § 1 of the Convention about the length of civil proceedings related to certain debt which lasted between 2 December 2002 and 7 December 2011. This complaint was communicated to the Government.
On 6 July 2017 and 29 January 2018 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 her EUR 2,100 (two thousand one hundred euros) to cover any and all non-pecuniary damage less any amounts which may have already been paid in that regard at the domestic level and EUR 500 (five hundred euros) to cover any and all costs and expenses, plus any tax that may be chargeable to the applicant. These sums will be converted into national currency at the rate applicable on the date of payment, and 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 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 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.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 29 November 2018.
Fatoş AracıPere Pastor Vilanova
Deputy RegistrarPresident
Full & Egal Universal Law Academy