STOJANOVIĆ v. SERBIA
Doc ref: 8150/18 • ECHR ID: 001-207741
Document date: December 17, 2020
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SECOND SECTION
DECISION
Application no. 8150/18 Vukašin STOJANOVIĆ again s t Serbia
(s ee appended table)
The European Court of Human Rights (Second Section), sitting on 17 December 2020 as a Committee composed of:
Carlo Ranzoni, President, Branko Lubarda, Pauliine Koskelo, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 1 February 2018,
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant ’ s reply to this declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant ’ s details are set out in the appended table.
The applicant ’ s complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the delayed enforcement of a domestic decision given against a socially/State-owned company were communicated to the Serbian Government (“the Government”) .
After unsuccessful friendly-settlement negotiations, the Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application.
The Government acknowledged the delayed enforcement of a domestic decision given against a socially/State-owned company . They offered to pay the applicant the amount detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court ’ s decision.
The payment will constitute the final resolution of the case .
The applicant informed the Court that he agreed to the terms of the declaration.
THE LAW
The Court finds that, following the applicant ’ s express agreement to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties.
It therefore 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 the 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 21 January 2021 .
Liv Tigerstedt Carlo Ranzoni Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1
( non-enforcement or delayed enforcement of domestic decisions given against socially/State-owned companies )
Application no. Date of introduction
Applicant ’ s name
Year of birth
Date of receipt of Government ’ s declaration
Date of receipt of applicant ’ s acceptance
Amount awarded for non-pecuniary damage (in euros) [1] [2]
8150/18
01/02/2018
Vukašin STOJANOVIĆ
1953
13/10/202 0
12/11/2020
900[1] Plus any tax that may be chargeable to the applicant.
[2] Less any amounts which may have already been paid in that regard at the domestic level.