SECOND SECTION
DECISION
Application no. 26432/07
by Nedeljko TRIFKOVIĆ
against Serbia
The European Court of Human Rights (Second Section), sitting on 28 January 2011 as a Committee composed of:
Nona Tsotsoria, President,
Dragoljub Popović,
Kristina Pardalos, judges,
and Françoise Elens-Passos, Deputy Section Registrar,
Having regard to the above application lodged on 6 June 2007,
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 Nedeljko Trifković, a Serbian national who was born in 1954 and lives in Novi Sad. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
The applicant complained under Articles 6 § 1 of the Convention about the excessive length of two sets of civil proceedings.
On 27 September 2010 and 26 October 2010 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Serbia in respect of the facts giving rise to this application against an undertaking by the Government to pay him EUR 4,200 (four thousand and two hundred 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. It will be 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 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-PassosNona Tsotsoria
Deputy RegistrarPresident
Full & Egal Universal Law Academy