THIRD SECTION
DECISION
Applications nos. 13697/15 and 24855/15
Siniša MIJATOVIĆ against Serbia
and Vesna PRŠIĆ against Serbia
The European Court of Human Rights (Third Section), sitting on 19 June 2018 as a Committee composed of:
Pere Pastor Vilanova, President,
Branko Lubarda,
Georgios A. Serghides, judges,
and Stephen Phillips, Section Registrar,
Having regard to the above applications lodged on 4 March 2015 and
7 May 2015 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, Mr Siniša Mijatović, is a Serbian national, who was born in 1954 and lives in Knić. He was represented before the Court by Mr L. Uljarević, a lawyer practising in Kragujevac.
The applicant in the second case, Ms Vesna Pršić, is a Serbian national, who was born in 1969 and lives in Čačak. She was represented before the Court by Ms D. Jeremić, a lawyer practising in Čačak.
The Serbian Government (“the Government”) were represented by their Agent, Ms N. Plavšić.
The applicants complained under Article 6 of the Convention about the excessive length of the proceedings in their respective civil cases.
Between 17 August 2016 and 2 June 2017 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 EUR 1,600 (one thousand six hundred euros) to Mr Siniša Mijatović and EUR 2,300 (two thousand three hundred euros) to Ms Vesna Pršić to cover any and all non-pecuniary damage, less any amounts which may have already been paid in that regard at the domestic level, as well as the amount of EUR 500 (five hundred euros) to each of the applicants to cover any costs and expenses. These sums will be converted into local 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 said three-month period, the Government undertook to pay simple interest on them, 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. These payments will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 cases 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.
Done in English and notified in writing on 12 July 2018.
Stephen PhillipsPere Pastor Vilanova
RegistrarPresident
Full & Egal Universal Law Academy