SECOND SECTION

DECISION

Application no . 52185/14 Katica KMONIÄŒEK against Croatia

The European Court of Human Rights (Second Section), sitting on 28 March 2017 as a Committee composed of:

Jon Fridrik Kjølbro, President, Ksenija Turković, Georges Ravarani, judges,

and Hasan Bakırcı, Deputy Section Registrar ,

Having regard to the above application lodged on 16 July 2014,

Having regard to the declaration submitted by the Government and the applicant ’ s acceptance of its terms ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Ms Katica Kmoniček, is a Croatian national, who was born in 1967 and lives in Antunovac. She was represented before the Court by Mr S. Nedić, a lawyer practising in Osijek.

2. The Croatian Government (“the Government”) were represented by their Agent, Ms Å . Sta ž nik.

3. The applicant complained under Article 14 of the Convention in conjunction with Article 1 of Protocol No. 1 that she was discriminated against in connection with her right to a survivor ’ s pension in comparison to widows who remarried or entered into a partnership after the enactment of the 2012 amendments.

4. By a letter dated 10 January 2017 the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issue raised by this part of the application. They acknowledged that there had been a violation of the applicant ’ s rights under Article 14 of the Convention in conjunction with Article 1 of Protocol No. 1 . They offered to pay to the applicant the compensation in the amount of 11, 027.43 EUR, to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Croatian kuna at the rate applicable on the date of payment, and will be free of any taxes that may be applicable 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 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.

5. On 30 January 2017 the applicant informed the Court that she had agreed to the terms of the Government ’ s declaration.

THE LAW

6. The Court considers that the applicant ’ s express agreement to the terms of the declaration made by the Government can be considered as a friendly settlement between the parties.

7. 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 4 May 2017 .

Hasan Bakırcı Jon Fridrik Kjølbro              Deputy Registrar President