THIRD SECTION

DECISION

Application no. 14872/07 Bratislav and Jagoda PETROVIĆ against Serbia

The European Court of Human Rights (Third Section), sitting on 30 January 2018 as a Committee composed of:

Pere Pastor Vilanova , President, Branko Lubarda , Georgios A. Serghides , judges, and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 12 March 2007,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants, Mr Bratislav Petrović and Ms Jagoda Petrović , are Serbian nationals, who were born in 1977 and 1957, respectively, and live in Smederevo .

The Serbian Government (“the Government”) were represented by their Agent, Ms N. Plavšić .

The applicants complained under Articles 6 and 13 of the Convention about the non-enforcement of final domestic court decision against private persons.

On 25 February 2016 and 4 November 2017 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Serbia in respect of the facts giving rise to this application against an undertaking by the Government to pay them jointly 3,700 EUR (euros) to cover any and all non-pecuniary damage less any amount which may have already been paid in that regard at the domestic level as well as costs and expenses, which will be converted into national currency 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 to strike the case out of its list of cases. 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 22 February 2018 .

FatoÅŸ Aracı Pere Pastor Vilanova              Deputy Registrar President