SECOND SECTION
DECISION
Application no. 58861/11
Božo PAVLOVIĆ
against Montenegro
The European Court of Human Rights (Second Section), sitting on 16 May 2017 as a Committee composed of:
Paul Lemmens, President,
Nebojša Vučinić,
Stéphanie Mourou-Vikström, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 2 September 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Božo Pavlović, is a Montenegrin national, who was born in 1943 and lives in Herceg-Novi. He was represented before the Court by Mr B. Mitrić, a lawyer practising in Podgorica.
The Montenegrin Government (“the Government”) were represented by their Agent, Ms V. Pavličić.
The applicant complained under Article 6 of the Convention about the length of civil proceedings concerning a property matter.
On 28 April 2016 and 7 December 2016 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Montenegro in respect of the facts giving rise to this application against an undertaking by the Government to pay him 1,400 euros (one thousand four hundred euros) to cover any and all non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant. This sum 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.
Done in English and notified in writing on 15 June 2017.
Hasan BakırcıPaul Lemmens
Deputy RegistrarPresident
Full & Egal Universal Law Academy