SECOND SECTION
DECISION
Applications nos. 68938/12 and 31745/13
Ljubiša RAKOČEVIĆ against Montenegro
and Budislav MINIĆ 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 applications lodged on 22 October 2012 and 21 November 2012 respectively,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Mr Ljubiša Rakočević and Mr Budislav Minić are Montenegrin nationals, who were born in 1963 and 1952 respectively and live in Kolašin. They were both represented before the Court by Mr R. Šuković, a lawyer practising in Bijelo Polje.
The Montenegrin Government (“the Government”) were represented by their Agent, Ms V. Pavličić.
The applicants complained under Articles 6 and 13 of the Convention about the excessive length of their respective civil and administrative proceedings and the lack of an effective domestic remedy in that regard.
On 20 February 2017 and 27 February 2017 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Montenegro in respect of the facts giving rise to these applications against an undertaking by the Government to pay 5,200 euros (five thousand two hundred euros) to Mr Ljubiša Rakočević and 8,300 euros (eight thousand three hundred euros) to Mr Budislav Minić to cover any and all non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicants. These sums 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 these sums within the said three-month period, the Government undertook to pay simple interest on them, 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 cases.
THE LAW
The Court considers that, in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their similar factual and legal background.
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 applications. In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications 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