FIRST SECTION

DECISION

Application no. 35465/18 Loren IVANOŠIĆ against Croatia

The European Court of Human Rights (First Section), sitting on 15 September 2020 as a Committee composed of:

Pere Pastor Vilanova, President, Jovan Ilievski , Raffaele Sabato , judges,

and Renata Degener , Deputy Section Registrar ,

Having regard to the above application lodged on 21 July 2018,

Having regard to the declaration submitted by the respondent Government on 26 June 2020 requesting the Court to strike the application out of the list of cases and the applicant ’ s reply to that declaration,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Loren Ivanošić , is a Croatian national, who was born in 1988 and lives in Pula. He was represented before the Court by Mr M. Ivković , a lawyer practising in Pula.

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

The applicant complained under Article 6 of the Convention about the unfairness of the summary minor-offence proceedings against him.

The application was communicated to the Government.

By letter dated 26 June 2020 the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application. They acknowledged a violation of the applicant ’ s rights guaranteed by Article 6 §§ 1 and 3 (c) and (d) of the Convention. They undertook to pay the applicant 5,265 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 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. They further requested the Court to strike out the application.

On 8 July 2020 the Court received a letter from the applicant informing the Court that he had agreed to the terms of the Government ’ s 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 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 pursuant to Article 39 of the Convention.

Done in English and notified in writing on 8 October 2020 .

Renata Degener Pere Pastor Vilanova Deputy Registrar President