FOURTH SECTION
DECISION
Application no. 29849/16
Nurfeta TALOVIĆ
against Bosnia and Herzegovina
The European Court of Human Rights (Fourth Section), sitting on 16 January 2018 as a Committee composed of:
Carlo Ranzoni, President,
Faris Vehabović,
Péter Paczolay, judges,
and Andrea Tamietti, Deputy Section Registrar,
Having regard to the above application lodged on 13 May 2016,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Ms Nurfeta Talović, is a national of Austria and Bosnia and Herzegovina, who was born in 1967 and lives in Salzburg. She was represented before the Court by Mr H. Salkanović, a lawyer practising in Živinice. Further to the notification under Article 36 § 1 of the Convention, the Austrian Government did not wish to exercise their right to intervene in the present case.
2. The Government of Bosnia and Herzegovina (“the Government”) were represented by their Deputy Agent, Ms S. Malešić.
3. The applicant complained under Article 6 of the Convention about the excessive length of a set of civil proceedings.
4. On 11 September 2017 and 14 November 2017 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 the present application against an undertaking by the Government to pay her EUR 1,700 (one thousand and seven hundred euros) to cover any and all non-pecuniary damage as well as EUR 500 (five 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 currency of the respondent State 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. In the event of failure to pay these sums 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.
5. The Government moreover undertook to ensure that all necessary steps are taken to allow the domestic proceedings under consideration in this case to be concluded as speedily as possible, taking into account the requirements of the proper administration of justice
THE LAW
6. 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 8 February 2018.
Andrea TamiettiCarlo Ranzoni
Deputy RegistrarPresident
Full & Egal Universal Law Academy