SECOND SECTION
DECISION
Application no. 8961/08
by Ranko MILOŠEVSKI
against Serbia
The European Court of Human Rights (Second Section), sitting on 17 November 2009 as a Chamber composed of:
Françoise Tulkens, President,
Vladimiro Zagrebelsky,
Danutė Jočienė,
Dragoljub Popović,
András Sajó,
Nona Tsotsoria,
Kristina Pardalos, judges,
and Françoise Elens-Passos, Deputy Section Registrar,
Having regard to the above application lodged on 13 February 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Ranko Miloševski, is a Serbian national who was born in 1948 and lives in Belgrade. He was represented before the Court by Ms T. Jovanović and Mr G. Petrović, lawyers practising in Belgrade. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
On 10 July 2009 the Court decided to communicate the applicant’s complaint concerning the length of civil proceedings, which began on 21 November 1995, and still appear to be pending at first instance.
On 3 September 2009 the Court received friendly settlement declarations signed by the parties by 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 him 3,850 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into Serbian dinars at the rate applicable on the date of payment, and 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 pursuant to Article 37 § 1 of the Convention. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from the expiry of that period until settlement, at a rate equal to the marginal lending rat of the European Central Bank during the default period, plus three percentage points. The payment would 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 its Protocols and finds no public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). Nevertheless, in the particular circumstances of the case, the Court considers that the State should still ensure that all necessary steps are taken to allow the trial to be concluded as speedily as possible, taking into account the requirements of the proper administration of justice.
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.
Françoise Elens-PassosFrançoise Tulkens
Deputy Section RegistrarPresident
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