FIRST SECTION
DECISION
Application no. 5569/12
Neda TOMIĆ and others
against Croatia
The European Court of Human Rights (First Section), sitting on 23 June 2015 as a Committee composed of:
Mirjana Lazarova Trajkovska, President,
Paulo Pinto de Albuquerque,
Ksenija Turković, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 20 December 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants, who are all Croatian nationals, is set out in the appendix. They were represented by Ms N. Labavić, an advocate practising in Zagreb.
The Croatian Government (“the Government”) were represented by their Agent, Ms Š. Stažnik.
The applicants complained under Article 6 § 1 of the Convention about the excessive length of civil proceedings.
On 30 April and 8 May 2015 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Croatia in respect of the facts giving rise to this application against an undertaking by the Government to pay them each 3,800 euros 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 this sum 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.
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 16 July 2015.
André WampachMirjana Lazarova Trajkovska
Deputy RegistrarPresident
Appendix
Neda TOMIĆ was born in 1957 and lives in Zagreb Vinka MARČIĆ was born in 1955 and lives in Split Margarita RADIĆ was born in 1923 and lives in Bol
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