FOURTH SECTION
DECISION
Application no. 84325/17
Jasminka MUJKANOVIĆ-HRUSTANOVIĆ
against Bosnia and Herzegovina
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 31 January 2019 as a Committee composed of:
Georges Ravarani, President,
Marko Bošnjak,
Péter Paczolay, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 12 December 2017,
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 was represented by Ms Z. Zahirović-Ibrišagić, a lawyer practising in Sarajevo.
The applicant’s complaint under Article 6 § 1 of the Convention about the excessive length of the civil proceedings was communicated to the Government of Bosnia and Herzegovina (“the Government”).
The Court received friendly-settlement declarations under which the applicant agreed to waive any further claims against Bosnia and Herzegovina 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 21 February 2019.
Liv TigerstedtGeorges Ravarani
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
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
per applicant
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
84325/17
12/12/2017
Jasminka Mujkanović-Hrustanović
14/02/1954
28/12/2018
05/12/2018
1,400
500
[1]. Plus any tax that may be chargeable to the applicants.
[2]. Plus any tax that may be chargeable to the applicants.
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