FOURTH SECTION
DECISION
Application no. 17427/07
Darinka MITROVIĆ
against Bosnia and Herzegovina
The European Court of Human Rights (Fourth Section), sitting on 10 January 2012 as a Committee composed of:
David Thór Björgvinsson, President,
Nebojša Vučinić,
Vincent A. De Gaetano, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 2 April 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
1. The applicant, Ms Darinka Mitrović, is a citizen of Bosnia and Herzegovina who was born in 1961 and lives in Bijeljina. The Bosnian-Herzegovinian Government (“the Government”) were represented by their Agent, Ms M. Mijić.
2. The applicant complained under Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention of the non-enforcement of the final judgment adopted in her favour against the Republika Srpska by the Bijeljina First Instance Court on 1 November 2000.
3. On 14 March and 20 September 2011 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Bosnia and Herzegovina in respect of the facts giving rise to this application against an undertaking by the Government to pay her 1,000 euros to cover any non-pecuniary damage as well as costs and expenses, which would be converted into convertible marks at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. The 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 European Convention on Human Rights. 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 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.
4. The parties, furthermore, agreed that the Government would secure full enforcement of the domestic judgment under consideration in the present case in cash within nine months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the Convention.
These payments constituted the final resolution of the case.
THE LAW
5. 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 (Article 37 § 1 in fine of the Convention).
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.
Fatoş AracıDavid Thór Björgvinsson
Deputy RegistrarPresident
Full & Egal Universal Law Academy