SECOND SECTION
DECISION
Application no. 54376/10
Spasoje PEJOVIĆ
against Serbia
The European Court of Human Rights (Second Section), sitting on 15 October 2013 as a Committee composed of:
Paulo Pinto de Albuquerque, President,
Dragoljub Popović,
Helen Keller, judges,
and Seçkin Erel, Acting Deputy Section Registrar,
Having regard to the above application lodged on 17 March 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Spasoje Pejović, was a Serbian national, who was born in 1935 and lived in Guča. He was represented before the Court by Mr M. Jovičić, a lawyer practising in Čačak.
By letter of 5 January 2012 the applicant’s representative informed the Court that the applicant had died on 20 June 2011. The representative further informed the Court that the applicant’s heirs, Mr Srećko Pejović and Mr Milan Pejović, both Serbian nationals, born in 1958 and 1961 respectively and living in Guča and Čačak, wished to pursue the application and that he would continue to act on behalf of the heirs before the Court.
The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
The applicant complained under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 thereto about the non-enforcement of a final court decision rendered in his favour.
On 16 July 2013 and 26 July 2013 the Court received friendly settlement declarations signed by the parties under which the applicant’s heirs agreed to waive any further claims against Serbia in respect of the facts giving rise to this application against an undertaking by the Government to pay them EUR 6,800 (six thousand eight hundred euros) to cover any non-pecuniary damage as well as costs and expenses, which will be converted into national currency 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.
Seçkin Erel Paulo Pinto de Albuquerque
Acting Deputy RegistrarPresident
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