SECOND SECTION
DECISION
Application no. 41507/11
Gordana MILIJANOVIĆ
against Serbia
The European Court of Human Rights (Second Section), sitting on 1 October 2013 as a Committee composed of:
Paulo Pinto de Albuquerque, President,
Dragoljub Popović,
Helen Keller, judges,
and Seçkin Erel, Acting Deputy Section Registrar,
Having regard to the above application lodged on 4 May 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Gordana Milijanović, is a Serbian national, who was born in 1949 and lives in Čačak. She was represented before the Court by Ms S. Jokić, a lawyer practising in Čačak.
The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
Without invoking any Article the Convention, the applicant complained about the respondent State’s failure to enforce a final court decision rendered in her favour on 27 August 2004 by the Municipal Court in Čačak (domestic case no. P 700/04) against one socially/State-owned company (“Sloboda” DD, “Sloboda aparati”) from Čačak. On 17 January 2013 the Constitutional Court of Serbia held that the applicant had indeed suffered a breach of her “right to a trial within a reasonable time” and “right to property”, and ordered the competent court to bring the impugned enforcement proceedings to a conclusion as soon as possible. The Constitutional Court, additionally, ordered the State to pay the applicant EUR 800 in respect of non-pecuniary damage, which would be converted into Serbian dinars at the rate applicable on the date of payment. However, the final court judgment rendered in the applicant’s favour has yet to be enforced.
Between 28 March 2013 and 10 April 2013 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Serbia in respect of the facts giving rise to this application against an undertaking by the Government to pay her 100 EUR (one hundred euros) to cover costs and expenses, which would be converted into local currency at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. This sum would be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay the sum within the said three-month period, the Government undertook to pay simple interest on it, 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.
The parties, furthermore, agreed that within the said three-month period the Government would pay, from their own funds, the sums awarded in the domestic decision under consideration in the present case, less any amounts which may have already been paid on the basis of the said decision, plus the costs of the domestic enforcement proceedings. These payments will constitute the final resolution of the cases pending before the European Court of Human Rights.
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 its Protocols 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.
Seçkin Erel Paulo Pinto de Albuquerque
Acting Deputy Registrar President
Full & Egal Universal Law Academy