FIRST SECTION

DECISION

Application no. 44076/18 Evica JURKOVIĆ against Croatia

The European Court of Human Rights (First Section), sitting on 17 November 2020 as a Committee composed of:

Alena Poláčková , President, Péter Paczolay , Gilberto Felici, judges,

and Renata Degener, Deputy Section Registrar ,

Having regard to the above application lodged on 11 September 2018,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Evica Jurković , is a Croatian national, who was born in 1966 and lives in Viškovo . She was represented before the Court by Ms T. Furčić , a lawyer practising in Rijeka.

The Croatian Government (“the Government”) were represented by their Agent, Ms Š. Stažnik .

The applicant complained, under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 thereto, about a delay of seven years in the service of an enforcement order for payment of a debt and her consequent liability to pay statutory interest for the entire period.

On 6 July 2020 and 1 October 2020, respectively, the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Croatia in respect of the facts giving rise to this application against an undertaking by the Government to pay her 8,800 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Croatian kunas at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. The 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.

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 10 December 2020 .

Renata Degener Alena Poláčková Deputy Registrar President