SECOND SECTION
DECISION
Application no. 46519/12
Dubravka SIMENDIĆ against Croatia
and 8 other applications
(see list appended)
The European Court of Human Rights (Second Section), sitting on 13 October 2015 as a Committee composed of:
Helen Keller, President,
Ksenija Turković,
Robert Spano, judges
and Abel Campos, Deputy Section Registrar,
Having regard to the above applications lodged on dates set out in appendix,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix.
The Croatian Government (“the Government”) were represented by their Agent, Ms Š. Stažnik.
All the applicants complained under Articles 6 § 1 of the Convention about the excessive length of various proceedings. In the application no. 63244/14 the applicant also complained under Article 13 of the Convention about the ineffectiveness of the domestic length-of-proceedings remedies.
On the dates set out in the appendix, the parties signed friendly settlement declarations, under which each applicant agreed to waive any further claims against Croatia in respect of the facts giving rise to his or her applications against an undertaking by the Government to pay them the sums set out in the appendix to cover any non-pecuniary damage as well as costs and expenses. The amounts 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. Each sum 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 sums within the said three-month period, the Government undertook to pay simple interest on each unpaid sum, 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 of the relevant sum will constitute the final resolution of each individual the cases.
THE LAW
Given that the nine applications at hand concern the same facts and complains and raise identical issues under the Convention, the Court decides to join them, pursuant to Rule 42 § 1 of the Rules of the Court.
The Court takes note of the friendly settlements reached between the parties. It is satisfied that the settlements are 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 5 November 2015.
Abel CamposHelen Keller
Deputy RegistrarPresident
APPENDIX
No.
Application no.
Lodged on
Applicant date of birth
Place of residence
Type of the domestic proceedings
Date of the applicant’s friendly-settlement declaration
Date of the Government’s friendly-settlement declaration
Friendly settlement sum (in euros)
46519/12
28/06/2012
Dubravka SIMENDIĆ
10/08/1954
Beli Manastir
Proceedings before the Constitutional Court
11/06/2015
17/7/2015
2,050
68423/12
12/10/2012
Anica BONACIN
24/11/1969
Kaštel Sućurac
Proceedings before the Constitutional Court
28/05/2015
17/07/2015
2,500
2922/14
23/12/2014
Zlatko MIKEŠIĆ
20/04/1973
Satnica Đakovačka
Proceedings before the Constitutional Court
06/07/2015
17/07/2015
2,500
20759/14
07/03/2014
Petar ODAK
17/071972
Zagreb
Civil proceedings
29/05/2015
13/07/2015
1,700
63244/14
15/09/2014
Dubravko ŠOŠTAR
10/12/1969
Zaprešić
Civil proceedings
29/05/2015
03/07/2015
2,150
67768/14
03/10/2014
Marijan RAJKO
08/12/1961
Pula
Proceedings before the Constitutional Court concerning employment dispute
10/06/2015
17/07/2015
2,450
68557/14
16/10/2014
Kristina STOJANOVIĆ
08/12/1962
Zagreb
Civil proceedings concerning employment dispute
26/06/2015
13/07/2015
1,600
75102/14
17/11/2014
Davor GJURAŠIN
10/03/1957
Zagreb
Civil proceedings
24/06/2015
16/07/2015
1,950
5155/15
19/01/2015
Ognjen GRUBIĆ
15/06/1972
Zagreb
Proceedings before the Constitutional Court
16/06/2015
19/07/2015
2,500
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