FIFTH SECTION
DECISION
Application no. 21148/16
Željko REBRINOVIĆ
against Bosnia and Herzegovina
The European Court of Human Rights (Fifth Section), sitting on 14 March 2017 as a Committee composed of:
Carlo Ranzoni, President,
Faris Vehabović,
Lәtif Hüseynov, judges,
and Anne-Marie Dougin, Acting Deputy Section Registrar,
Having regard to the above application lodged on 11 April 2016,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Željko Rebrinović, is a national of Bosnia and Herzegovina, who was born in 1961 and lives in Zvornik. He was represented before the Court by Ms S. Poropat, a lawyer practising in Vogošća.
The Government of Bosnia and Herzegovina (“the Government”) were represented by their Deputy Agent, Ms S. Malešić.
The applicant complained under Article 6 and Article 1 of Protocol No. 1 to the Convention about the excessive length of civil proceedings and about the interference with the peaceful enjoyment of his possessions. The proceedings were finalised by Decision No. 04-31-3458/04 of 8 June 2016 issued by Department of Property, Land Affairs and Cadastre Office of the Ilijaš Municipality.
On 27 January 2017 and 10 February 2017 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 him EUR 3,800 (three thousand and eight hundred euros) to cover any and all non-pecuniary damage as well as EUR 500 (five hundred euros) to cover any and all costs and expenses, plus any tax that may be chargeable to the applicant. These sums will be converted into the national currency at the rate applicable on the date of payment, and 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 6 April 2017.
Anne-Marie DouginCarlo Ranzoni
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy