FOURTH SECTION
DECISION
Application no. 82799/17
MEFA-OIL d.o.o.
against Bosnia and Herzegovina
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 31 January 2019 as a Committee composed of:
Georges Ravarani, President,
Marko Bošnjak,
Péter Paczolay, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 1 December 2017,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr H. Salkanović, a lawyer practising in Živinice.
The applicant’s complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 about the failure of the respondent State to enforce the judgment rendered in its favour were communicated to the Government of Bosnia and Herzegovina (“the Government”).
The Court received friendly-settlement declaration under which the applicant agreed to waive any further claims against Bosnia and Herzegovina in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and 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 Court further notes that the Government will ensure that all necessary steps are taken to allow the domestic proceedings under consideration in this case to be concluded as speedily as possible, taking into accounts the requirements of the proper administration of justice.
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 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 21 February 2019.
Liv TigerstedtGeorges Ravarani
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention and
Article 1 of Protocol No. 1 of the Convention
No.
Application no.
Date of introduction
Applicant’s name
Date of registration
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage per applicant
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
82799/17
01/12/2017
MEFA-OIL d.o.o.
02/08/2007
28/12/2018
27/09/2018
1,800
500
[1]. Plus any tax that may be chargeable to the applicants.
[2]. Plus any tax that may be chargeable to the applicants.
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