SECOND SECTION
DECISION
Application no. 10308/07
by Milka NIKOLIĆ
against Serbia
The European Court of Human Rights (Second Section), sitting on 15 September 2009 as a Chamber composed of:
Françoise Tulkens, President,
Ireneu Cabral Barreto,
Vladimiro Zagrebelsky,
Danutė Jočienė,
Dragoljub Popović,
András Sajó,
Nona Tsotsoria, judges,
and Sally Dollé, Section Registrar,
Having regard to the above application lodged on 19 February 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Ms Milka Nikolić, is a Serbian national who was born in 1951 and lives in Kragujevac. She was represented before the Court by Ms T. Todorović, a lawyer practising in Kragujevac. The Serbian Government (“the Government”) were represented by their Agent Mr S. Carić.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 30 July 1997 a third private party filed a property related civil claim against the applicant. There have been two remittals, both of which took place before the ratification of the Convention by Serbia, i.e. 3 March 2004, and the case appears to be still pending at third instance.
COMPLAINT
The applicant complained under Article 6 § 1 of the Convention that the proceedings have been unreasonably long.
THE LAW
The Court considers that it is no longer necessary to determine this case for the following reasons.
The applicant has settled the claim with the respondent Government for an ex gratia payment of 3000 euros. Following which, on 18 May 2009, the applicant’s representative informed the Court that the applicant wished to withdraw the case.
In view of the above, the Court finds that the applicant no longer wishes to pursue her case, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, there are no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the application.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Sally Dollé Françoise Tulkens
RegistrarPresident
Full & Egal Universal Law Academy