FIFTH SECTION
DECISION
Application no. 74246/13
Momir SIMIČIĆ
against Bosnia and Herzegovina
The European Court of Human Rights (Fifth Section), sitting on 7 June 2016 as a Committee composed of:
Khanlar Hajiyev, President,
Faris Vehabović,
Carlo Ranzoni, judges,
and Milan Blaško, Deputy Section Registrar,
Having regard to the above application lodged on 17 October 2013,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Momir Simičić, is a national of Bosnia and Herzegovina and lives in Šipovo.
The Government of Bosnia and Herzegovina (“the Government”) were represented by their Agent, Ms M. Mijić.
The applicant complained under Article 6 § 1 of the Convention about the length of civil proceedings.
On 19 January 2016 and 15 March 2016 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 1,170 (one thousand one hundred and seventy euros) to cover any non-pecuniary damage and EUR 100 (one 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 local 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 to strike the case out of its list of cases. 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 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 30 June 2016.
Milan BlaškoKhanlar Hajiyev
Deputy RegistrarPresident
Full & Egal Universal Law Academy