THIRD SECTION
DECISION
Application no. 17055/09
Radisav RADOSAVLJEVIĆ
against Serbia
The European Court of Human Rights (Third Section), sitting on 25 April 2017 as a Committee composed of:
Pere Pastor Vilanova, President,
Branko Lubarda,
Georgios A. Serghides, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 11 March 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Radisav Radosavljević, was a Serbian national, who was born in 1957 and lived in Kragujevac. The applicant died in the course of proceedings before the Court.
According to the Court’s case-law when the direct victim dies after the application was lodged with the Court, the applicant’s heirs may pursue the application provided that they have legitimate interest in maintaining the request on behalf of the deceased (for, mutatis mutandis: Ergezen v. Turkey, no. 73359/10, § 28-30, 8 April 2014). In the present case the applicant’s sister, Ms Svetomirka Burić, legal heir of the applicant, showed such interest which gives her the requisite standing under Article 34 of the Convention to pursue this application. She is represented before the Court by Mr R. Radosavljević, who lives in Kragujevac.
The Serbian Government (“the Government”) were initially represented by their former Agent, Ms V. Rodić, being more recently substituted by their current Agent, Ms N. Plavšić.
The applicant complained under Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 to the Convention about the respondent State’s failure to enforce the final court decisions of the Commercial Court in Kragujevac of 25 August 2003 and 11 October 2004 rendered in his favour against a company called “Društveno preduzeće - Crvena zvezda” Kragujevac. These court decisions remain unenforced to the present day. The debtor was at the relevant time a socially-owned company.
On 1 September 2015 the application was communicated to the Government.
On 27 September 2016 and 28 September 2016 the Court received friendly settlement declarations signed by the parties under which the applicant’s heir 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 her 2,000 EUR (two thousand euros), less any amounts which may have already been paid in that regard at the domestic level, to cover any non-pecuniary damage as well as costs and expenses, which would be converted into local currency at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. This sum 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 parties, furthermore, agreed that within the said three-month period the Government would pay, from their own funds, the sums awarded in the domestic decisions under consideration in the present case, less any amounts which may have already been paid on the basis of the said decisions, plus the costs of the domestic enforcement proceedings. These payments will constitute the final resolution of the case pending before the European Court of Human Rights.
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 18 May 2017.
Fatoş AracıPere Pastor Vilanova
Deputy RegistrarPresident
Full & Egal Universal Law Academy