SECOND SECTION
DECISION
Application no. 32706/08
by Ljubomir STEVANOVIĆ
against Serbia
The European Court of Human Rights (Second Section), sitting on 28 September 2010 as a Committee composed of:
András Sajó, President,
Dragoljub Popović,
Kristina Pardalos, judges,
and Françoise Elens-Passos, Deputy Registrar,
Having regard to the above application lodged on 30 June 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Mr Ljubomir Stevanović, a Serbian national who was born in 1936 and lives in Smederevo. He was represented before the Court by Ms S. Pećanac, a lawyer practising in Smederevo. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
Under Article 6 and 13 of the Convention, the applicant complained about the length of the his damages related civil proceedings, as well as the absence of an effective domestic remedy for procedural delay.
On 18 May 2010 and 1 July 2010 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against the Serbia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 3,800 euros to cover any non-pecuniary damage as well as costs and expenses, which would be converted into domestic currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable and payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 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 public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention).
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.
Françoise Elens-PassosAndrás Sajó
Deputy RegistrarPresident
Full & Egal Universal Law Academy