SECOND SECTION
DECISION
Applications nos. 37054/09 and 60930/10
Budislav MINIĆ against Montenegro
and Vojislav ĐURIŠIĆ against Montenegro
The European Court of Human Rights (Second Section), sitting on 13 May 2014 as a Committee composed of:
Paul Lemmens, President,
Nebojša Vučinić,
Egidijus Kūris, judges,
and Abel Campos, Deputy Section Registrar,
Having regard to the above applications lodged on 18 June 2009 and 12 October 2010 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 Budislav Minić, is a Montenegrin national, who was born in 1952 and lives in Kolašin. He was represented before the Court by Ms V. Simonović-Bulatović, a lawyer practising in the same town.
The applicant in the second case, Mr Vojislav Đurišić, is a Montenegrin national, who was born in 1938 and lives in Podgorica.
The Montenegrin Government (“the Government”) were represented by their Agent, Mr Z. Pažin.
The applicants complained, in substance, under various Articles of the Convention about the suspension of their pensions (see Lakićević and Others v. Montenegro and Serbia, nos. 27458/06, 37205/06, 37207/06 and 33604/07, 13 December 2011).
Between 19 August 2013 and 28 October 2013 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Montenegro in respect of the facts giving rise to these applications against an undertaking by the Government to pay to the first applicant 13,350 euros (EUR) and to the second applicant 11,000 EUR to cover any and all damage as well as costs and expenses. It 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 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 rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the cases.
THE LAW
The Court considers that, in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their similar factual and legal background.
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.
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.
Abel CamposPaul Lemmens
Deputy RegistrarPresident
Full & Egal Universal Law Academy