THIRD SECTION
DECISION
Application no. 51601/15
Srebran IVANOVIĆ
against Serbia
The European Court of Human Rights (Third Section), sitting on 25 October 2018 as a Committee composed of:
Dmitry Dedov, President,
Alena Poláčková,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 6 October 2015,
Having regard to the formal declaration accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Srebran Ivanović, is a Serbian national, who was born in 1948 and lives in Leskovac. He was represented before the Court by Ms V. Tasić, a lawyer practising in Leskovac.
The Serbian Government (“the Government”) were represented by their Agent, Ms N. Plavšić.
The applicant complained under Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 about the failure of the national authorities to enforce final court decisions rendered in his favour.
On 12 September 2018 and 26 July 2018, respectively, 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 2,000 euros to cover any and all non-pecuniary damage, less any amounts which may have already been paid in that regard at the domestic level, as well as costs and expenses, plus any tax that may be chargeable to the applicant. These sums will be converted into national currency 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 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. Within the same three-month period the Government will pay to the applicant, from their own funds, the sums awarded in the domestic decisions under consideration in this case, less any amounts which may have already been paid on the basis of the said decisions, plus the costs of the domestic enforcement proceedings. These payments 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 the Protocols thereto 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 15 November 2018.
Liv TigerstedtDmitry Dedov
Acting Deputy RegistrarPresident
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