FOURTH SECTION
DECISION
Application no. 65814/10
Anđa PEJIĆ
against Bosnia and Herzegovina
The European Court of Human Rights (Fourth Section), sitting on 21 May 2013 as a Committee composed of:
Päivi Hirvelä, President,
Ledi Bianku,
Paul Mahoney, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 19 October 2010,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Anđa Pejić, is a citizen of Bosnia and Herzegovina, who was born in 1950 and lives in Banja Luka. She was represented before the Court by Mr Z. Kisin, a lawyer practising in Banja Luka.
The Government of Bosnia and Herzegovina (“the Government”) were represented by their Agent, Ms M. Mijić.
The applicant complained about the length of the enforcement proceedings brought in the courts on the basis of an administrative decision. She relied on Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention. The applicant further complained, under Article 13 of the Convention, that she had not have an effective domestic remedy for the above complaint.
On 3 January and 5 March 2013 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 ex gratia 2,100 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. It would 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 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 constituted 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.
Fatoş AracıPäivi Hirvelä
Deputy RegistrarPresident
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