FIRST SECTION
DECISION
Application no. 48884/13
Milena SAMBOL and others
against Croatia
The European Court of Human Rights (First Section), sitting on 18 November 2014 as a Committee composed of:
Khanlar Hajiyev, President,
Erik Møse,
Dmitry Dedov, judges,
and Søren Prebensen, Acting Deputy Section Registrar,
Having regard to the above application lodged on 16 July 2013,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants, who are all Croatian nationals and live in Zagreb, is set out in the appendix. They were all represented before the Court by Mr D. Gregović, a lawyer practising in Zagreb.
The Croatian Government (“the Government”) were represented by their Agent, Ms Š. Stažnik.
The applicants complained under Article 6 § 1 of the Convention about the excessive length of inheritance proceedings.
On 18 July and 25 September the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Croatia in respect of the facts giving rise to this application against an undertaking by the Government to pay them 4,750 euros each to cover any non-pecuniary damage as well as costs and expenses, which will be converted into Croatian kunas 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.
Søren PrebensenKhanlar Hajiyev
Acting Deputy RegistrarPresident
APPENDIX
Milena SAMBOL born on 05/04/1934 Bosiljka BAČIĆ born on 19/02/1932 Vesna GRBIĆ BRAJČIĆ born on 13/11/1938 Hana SMOLČIĆ born on 07/04/1940
Full & Egal Universal Law Academy