FIRST SECTION
DECISION
Application no. 21108/13
Zarko NIŠEVIĆ
against Croatia
The European Court of Human Rights (First Section), sitting on 18 November 2014 as a Committee composed of:
Mirjana Lazarova Trajkovska, President,
Paulo Pinto de Albuquerque,
Linos-Alexandre Sicilianos, judges,
and Søren Prebensen, Acting Deputy Section Registrar,
Having regard to the above application lodged on 11 March 2013,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Žarko Nišević, is a Serbian national, who was born in 1959 and lives in Fažana He was represented before the Court by Ms A. Šutalo, a lawyer practising in Valpovo.
The Croatian Government (“the Government”) were represented by their Agent, Ms Š. Stažnik.
The applicant complained under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 thereto about the excessive length of enforcement proceedings and the resultant prolonged inability to enforce a final court judgment granting his pecuniary claim.
On 16 July and 25 September 2014 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Croatia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 6,000 euros to cover any non-pecuniary damage as well as costs and expenses, which will be converted into Croatian kunas at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. 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 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 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.
Søren PrebensenMirjana Lazarova Trajkovska
Acting Deputy RegistrarPresident
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