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ĆOSOVIĆ AND OTHERS v. MONTENEGRO

Doc ref: 38584/10;72214/12;45474/13;53053/13;64764/13;5913/15 • ECHR ID: 001-168123

Document date: September 27, 2016

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ĆOSOVIĆ AND OTHERS v. MONTENEGRO

Doc ref: 38584/10;72214/12;45474/13;53053/13;64764/13;5913/15 • ECHR ID: 001-168123

Document date: September 27, 2016

Cited paragraphs only

SECOND SECTION

DECISION

Application no. 38584/10 Nedeljko ĆOSOVIĆ against Montenegro and 5 other applications (see list appended)

The European Court of Human Rights ( Second Section ), sitting on 27 September 2016 as a Committee composed of:

Valeriu Griţco , President, Nebojša Vučinić , Stéphanie Mourou-Vikström , judges,

and Hasan Bakırcı , Deputy Section Registrar ,

Having regard to the above applications lodged on the various dates indicated in the appended table,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants , as well as other relevant information, is set out in the appended table.

The Montenegrin Government (“the Government”) were represented by their Agent, Ms V. Pavličić .

The applicants’ complaints , under Article 6 § 1 of the Convention , concerning the length of the civil proceedings in question were communicated to the Government.

Between 30 January 2016 and 1 6 June 2016 the Court received friendly ‑ settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Montenegro in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake 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

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

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 the Protocols thereto 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 20 October 2016 .

Hasan Bakırcı Valeriu GriÅ£co Deputy Registrar President

APPENDIX

No.

Application no. Date of introduction

Applicant name

Date of birth

Nationality

Representative name and location

Date of receipt of Government declaration

Date of receipt of Applicant ’ s declaration

Amount awarded for non-pecuniary damage

per application

(in euros) [i]

Amount awarded for costs and expenses per application

(in euros) [ii]

38584/10

16/06/2010

Nedeljko ĆOSOVIĆ

15/05/1957

MON

28/04/2016

30/01/2016

3,100

100

72214/12

07/11/2012

Đurađ RADOVIĆ

14/06/1928

MON

Šuković Radivoje

Bijelo Polje

28/04/2016

07/03/2016

3,000

500

45474/13

29/03/2013

Dragan ĐURIŠIĆ

04/03/1949

MON

Đurišić Slavka

Podgorica

28/04/2016

03/03/2016

2,300

500

53053/13

18/07/2013

Vojislav ĆOSOVIĆ

03/03/1949

MON

Minić Budislav

Kolasin

Šuković Radivoje

Bijelo Polje

28/04/2016

16/06/2016

1,800

500

64764/13

18/07/2013

(3 applicants)

Milan ĆOSOVIĆ

06/12/1988

Senka ĆOSOVIĆ

29/11/1958

Milica PAVLEŽA

09/08/1984

MON

Minić Budislav

Kolasin

28/04/2016

16/06/2016

1,800

500

5913/15

18/12/2014

Predrag RADINOVIĆ

31/12/1977

MON

Milošević Vladimir

Podgorica

28/04/2016

29/02/2016

2,400

500[i] Plus any tax that may be chargeable to the applicants.

[ii] Plus any tax that may be chargeable to the applicants.

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