SECOND SECTION
DECISION
Application no. 31398/08
Saveta TURINSKI
against Serbia
The European Court of Human Rights (Second Section), sitting on 5 February 2013 as a Committee composed of:
Paulo Pinto de Albuquerque, President,
Dragoljub Popović,
Helen Keller, judges,
and Françoise Elens-Passos, Deputy Section Registrar,
Having regard to the above application lodged on 17 June 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Saveta Turinski, is a Serbian national, who was born in 1958 and lives in Zrenjanin. She was represented before the Court by Mr D. Radin, a lawyer practising in Zrenjanin.
The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
The applicant complained under Articles 6 and 13 of the Convention about the non-enforcement of final domestic judgments rendered in her favour and a lack of an effective domestic remedy in that respect.
On 23 April 2012 and 26 April 2012 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 her EUR 4,400 (four thousand four hundred euros) to cover any non-pecuniary damage as well as costs and expenses, which will be converted into the local currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. This sum 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 in accordance with Article 39 of the Convention.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Françoise Elens-PassosPaulo Pinto de Albuquerque
Deputy RegistrarPresident
Full & Egal Universal Law Academy