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BRKIĆ v. SERBIA
Doc ref: 30670/15 • ECHR ID: 001-194720
Document date: June 20, 2019
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BRKIĆ v. SERBIA
Doc ref: 30670/15 • ECHR ID: 001-194720
Document date: June 20, 2019
Cited paragraphs only
THIRD SECTION
DECISION
Application no. 30670/15 Ljubomir BRKIĆ against Serbia
( s ee appended table)
The European Court of Human Rights (Third Section), sitting on 20 June 2019 as a Committee composed of:
Dmitry Dedov , President, Alena Poláčková , Gilberto Felici , judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 17 June 2015,
Having regard to the observations submitted by the parties,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant ’ s details are set out in the appended table. Following his death in November 2015, his niece, Ms Daniela Antanasković , expressed her wish to pursue the application.
The applicant was represented by Mr G. Cvetić , a lawyer practising in Belgrade.
The applicant ’ s complaint under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings was communicated to the Serbian Government (“the Government”) .
THE LAW
In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the respondent Government cannot be held liable for the excessive length of the impugned civil proceedings.
In particular, the Court notes that the domestic courts expressly acknowledged a breach of the applicant ’ s right to a trial within a reasonable time and awarded him 900 euros in respect of non-pecuniary damage. The Court considers this to be appropriate and sufficient redress in the present case.
In view of the above, the Court finds that the applicant no longer can claim to be a “victim” within the meaning of Article 34 of the Convention. The application must therefore be rejected pursuant to Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 11 July 2019 .
Liv Tigerstedt Dmitry Dedov Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
( excessive length of civil proceedings)
Application no.
Date of introduction
Applicant ’ s name
Date of birth
Start of proceedings or date of entry into force the Convention in respect of Serbia (3 March 2004)
End of proceedings
Total length
Levels of jurisdiction
Relevant domestic decision
Domestic award (in euros)
30670/15
17/06/2015
Ljubomir Brkić
02/07/1936
03/03/2004
05/07/2012
8 years and 4 months and 3 days
2 levels of jurisdiction
Už-8370/2012
19/02/2015
900 euros
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