THIRD SECTION

DECISION

Applications nos . 4253/16 and 4279/16 Dragan VIDOJEVIĆ against Serbia and Zoran VIDOJEVIĆ against Serbia

The European Court of Human Rights (Third Section), sitting on 26 September 2017 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 applications lodged on 6 January 2016,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants, Mr Dragan Vidojević and Mr Zoran Vidojević are Serbian nationals, who were born in 1980 and 1976 respectively and live in Stara Pazova . They were both represented before the Court by Mr D. Vujović , a lawyer practicing in Stara Pazova .

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

The applicants complained under Article 6 of the Convention about the excessive length of the enforcement proceedings brought on the basis of the final court judgment rendered in their favour.

On 2 January 2017 and 28 June 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 these applications against an undertaking by the Government to pay each of them EUR 3,900 (three thousand nine hundred euros) to cover any non-pecuniary damage, less any amounts which may have already been paid in that regard at the domestic level, as well as EUR 500 (five hundred euros) to both of them jointly, to cover any costs and expenses, which sums would be converted into national currency at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. These sums 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 these sums within the said three-month period, the Government undertook 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 payment will constitute the final resolution of the cases.

THE LAW

The Court considers that, in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their similar factual and legal background.

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 applications. In view of the above, it is appropriate to strike the case s out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 19 October 2017 .

FatoÅŸ Aracı Pere Pastor Vilanova              Deputy Registrar President