THIRD SECTION

DECISION

Application no. 39109/19 Eva ZANOTTI against San Marino

The European Court of Human Rights (Third Section), sitting on 12 May 2020 as a Committee composed of:

Georgios A. Serghides, President, Erik Wennerström , Lorraine Schembri Orland , judges, and Olga Chernishova, Deputy Section Registrar ,

Having regard to the above application lodged on 12 July 2019,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Eva Zanotti , is a national of San Marino, who was born in 1946 and lives in Domagnano . She was represented before the Court by Mr M.F. Fattori , a lawyer practising in Borgo Maggiore.

The San Marino Government (“the Government”) were represented by their Agent, Mr L.L. Daniele.

The applicant complained under Article 6 § 1 of the Convention about the unreasonable delay in deciding her civil claims.

On 24 October 2019 and 26 November 2019 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against San Marino in respect of the facts giving rise to this application against an undertaking by the Government to pay her 14,000 euros to cover any and all pecuniary and non ‑ pecuniary damage as well as costs and expenses, which will be free of any taxes that may be applicable and 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 11 June 2020 .

Olga Chernishova Georgios A. Serghides Deputy Registrar President