SECOND SECTION

DECISION

Application no. 58618/18 Ivan STAMENKOVIĆ against Serbia

( s ee appended table)

The European Court of Human Rights (Second Section), sitting on 5 November 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 30 November 2018 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant ’ s details are set out in the appended table.

The applicant was represented by Ms T. Stojiljković , a lawyer practising in Leskovac .

The applicant ’ s complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement of a domestic decision given against a socially/State-owned company were communicated to the Serbian Government (“the Government”) .

The Court received the friendly-settlement declaration under which the applicant agreed to waive any further claims against Serbia in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amount s detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, 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 Government also undertake to ensure the enforcement of the domestic decision under consideration in the case within the same three-month period, and to pay any costs of the domestic enforcement proceedings.

The payment and the enforcement of the domestic decision in the case 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 26 November 2020.

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 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 declaration

Amount awarded for non-pecuniary damage per applicant

(in euros) [1] [2]

Amount awarded for

costs and expenses

per application

(in euros) [3]

58618/18

30/11/2018

Ivan STAMENKOVIĆ

1988

10/06/2020

29/09/2020

1,000

250[1] Plus any tax that may be chargeable to the applicant .

[2] Less any amounts which may have already been paid in th at regard at the domestic level.

[3] Plus any tax that may be chargeable to the applicant .