THIRD SECTION
DECISION
Applications nos. 835/08 and 11824/08
Dragana MIĆIĆ against Serbia
and Dragomir ĐURIĆ against Serbia
The European Court of Human Rights (Third Section), sitting on 16 December 2014 as a Committee composed of:
Ján Šikuta, President,
Dragoljub Popović,
Iulia Antoanella Motoc, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above applications lodged on 12 December 2007 and 27 February 2008 respectively,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant in the first case, Ms Dragana Mićić, is a Serbian national, who was born in 1949 and lives in Loznica.
The applicant in the second case, Mr Dragomir Đurić, is a Serbian national, who was born in 1966 and lives in Pančevo. He was represented before the Court by Ms M. Bosilj, a lawyer practising in Pančevo.
The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.
The applicants complain under Articles 6 and 13 of the Convention about the length of their respective civil and administrative proceedings.
Between 10 March 2014 and 15 October 2014 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Serbia in respect of the facts giving rise to these applications against an undertaking by the Government to pay 3,000 euros to Ms Dragana Mićić and 1,700 euros to Mr Dragomir Đurić to cover any and all non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicants, which will be converted into national currency at the rate applicable on the date of payment. These sums 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 said three-month period, the Government undertook 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
The Court considers that, in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their similar factual and legal background.
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 applications. In view of the above, it is appropriate to strike the applications 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.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
Full & Egal Universal Law Academy