THIRD SECTION
DECISION
Application no. 42257/11
Mile VULOVIĆ
against Serbia
The European Court of Human Rights (Third Section), sitting on 2 June 2015 as a Committee composed of:
Ján Šikuta, President,
Iulia Antoanella Motoc,
Branko Lubarda, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 1 July 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Mile Vulović, was a Serbian national, who was born in 1950 and lived in Kragujevac. He was represented before the Court by Mr N. Čolović, a lawyer practising in Kragujevac. By letter of 13 October 2012 the applicant’s representative informed the Court that the applicant had died on 23 March 2012 and that his heirs, Ms Vera Vulović, Ms Mira Filipović and Ms Katarina Mijailović, all Serbian nationals, born in 1948 and 1979 respectively and living in Kragujevac, wished to pursue the application.
The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.
The applicant complained under Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 thereto, about the non-enforcement of judgments’ rendered in his favour against a socially/State-owned company.
On 25 August 2014 and 7 March 2015 the Court received friendly settlement declarations signed by the parties under which the applicant’s heirs 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 to them jointly EUR 2,000 (two thousand euros), less any amount which may have already been paid on that basis, to cover any non-pecuniary damage as well as costs and expenses, which will be converted into local 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 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 parties, furthermore, agreed that within the said three-month period the Government would pay, from their own funds, the sums awarded in the domestic decisions under consideration in the present case, less any amount 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 cases pending before the European Court of Human Rights.
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 25 June 2015.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
Full & Egal Universal Law Academy