SECOND SECTION
DECISION
Application no. 54199/20
Miloš MATIJEVIĆ and Vesna STOJAKOVIĆ
against Croatia
(see appended table)
The European Court of Human Rights (Second Section), sitting on 1 June 2023 as a Committee composed of:
Frédéric Krenc, President,
Diana Sârcu,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 1 December 2020,
Having regard to the parties’ statements accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Ms S. Čanković, a lawyer practising in Zagreb.
The applicants’ complaints concerning the domestic courts’ decisions on costs of civil proceedings under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 thereto (see Bursać and Others v. Croatia, no. 78836/16, §§ 67-106, 28 April 2022, and Cindrić and Bešlić v. Croatia, no. 72152/13, §§ 81-123, 6 September 2016) were communicated to the Croatian Government (“the Government”).
On 31 March 2023 the Court received the friendly-settlement declaration, signed by the Government, by which the Government undertook to pay the applicants jointly the amount detailed in the appended table. This amount will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above‑mentioned three-month period, the Government undertake to pay simple interest on it, 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.
On 2 May 2023 the applicants stated that they accept the friendly settlement of the case under the terms proposed by the Government in their declaration of 31 March 2023.
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 the Protocols thereto 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 22 June 2023.
Viktoriya Maradudina Frédéric Krenc
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of the Government’s declaration
Date of receipt of the applicants’ letter accepting the Government’s friendly settlement declaration
Amount awarded to the applicants jointly for pecuniary damage and costs and expenses
(in euros)[1]
54199/20
01/12/2020
Miloš MATIJEVIĆ
1956
Vesna STOJAKOVIĆ
1974
Čanković Slađana
Zagreb
31 March 2023
2 May 2023
7,300
[1] Plus any tax that may be chargeable