FIRST SECTION
DECISION
Applications nos. 56848/18 and 57084/18
STAN - SERVIS D.O.O.
against Croatia
The European Court of Human Rights (First Section), sitting on 12 November 2019 as a Committee composed of:
Aleš Pejchal, President,
Tim Eicke,
Raffaele Sabato, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above applications lodged on 27 November 2018,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant in both cases is Stan-Servis d.o.o. (“the applicant company”), a limited liability company incorporated under Croatian law which has its seat in Kutina. It was represented before the Court by Mr T. Bilobrk and Mr Ž. Ćorković, advocates practising in Umag and Kutina respectively.
The Croatian Government (“the Government”) were represented by their Agent, Ms Š. Stažnik.
The applicant company complained under Article 6 § 1 of the Convention about the excessive length of civil proceedings, and under Article 13 of the Convention about the ineffectiveness of the remedies available to them in that respect.
On 12 June and 4 July 2019 the Court received friendly settlement declarations signed by the parties under which the applicant company agreed to waive any further claims against Croatia in respect of the facts giving rise to these applications against an undertaking by the Government to pay the applicant company 2,500 euros in each case 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 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
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 5 December 2019.
Renata DegenerAleš Pejchal
Deputy RegistrarPresident
Full & Egal Universal Law Academy