THIRD SECTION
DECISION
Application no. 43204/16
Gordana MILANKOVIĆ
against Serbia
(see appended table)
The European Court of Human Rights (Third Section), sitting on 7 March 2019 as a Committee composed of:
Dmitry Dedov, President,
Alena Poláčková,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 13 July 2016,
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’s complaints under Articles 6 § 1 and 13 of the Convention concerning the length of proceedings were communicated to the Serbian Government (“the Government”).
The Court received friendly-settlement declaration under which the applicant agreed to waive any further claims against Serbia in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay her the amounts detailed in the appended table, less any amounts which may have already been paid in that regard at the domestic level. 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 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 28 March 2019.
Liv TigerstedtDmitry Dedov
Acting Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant’s name
Date of birth
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
43204/16
13/07/2016
Gordana Milanković
27/12/1961
25/10/2018
22/10/2018
1,080
100
[1]. Plus any tax that may be chargeable to the applicant.
[2]. Plus any tax that may be chargeable to the applicant.
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