SECOND SECTION
DECISION
Application no. 39882/09
Zlatko VASOVIĆ
against Serbia
The European Court of Human Rights (Second Section), sitting on 4 September 2012 as a Committee composed of:
András Sajó, President,
Dragoljub Popović,
Paulo Pinto de Albuquerque, judges,
and Françoise Elens-Passos, Deputy Section Registrar,
Having regard to the above application lodged on 18 August 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Zlatko Vasović, is a Serbian national, who was born in 1970 and lives in Novi Pazar. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
Relying on Articles 6 and 13 of, and Article 1 of Protocol No. 1 to the Convention, the applicant complained about the respondent State’s failure to enforce a final court decision rendered in his favour against a predominantly socially/State-owned company.
On 5 January 2012 and 7 May 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 him 6,200 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. 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 parties, furthermore, agreed that within the said three-month period the Government will pay, from their own funds, the sums awarded in the domestic adopted by the Municipal Court (Opštinski sud) in Novi Pazar on 9 December 2004, 24 February 2005, 24 October 2005, 15 March 2006, 27 November 2006 and 20 December 2006 (domestic cases nos. P.868/04, P.1211/04, P.436/05, P. 8/06, P.840/06 and P.1087/06) respectively, 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 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 pursuant to Article 39 of the Convention.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Françoise Elens-PassosAndrás Sajó
Deputy RegistrarPresident
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