THIRD SECTION

DECISION

Application no . 25718/08 Dragan MILOŠEVIĆ against Serbia

The European Court of Human Rights ( Third Section ), sitting on 26 April 2016 as a Committee composed of:

Helena Jäderblom , President, Dmitry Dedov , Branko Lubarda , judges,

and Stephen Phillips , Section Registrar ,

Having regard to the above application lodged on 8 May 2008 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Dragan Milošević , is a Serbian national, who was born in 1959 and lives in Niš .

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

The applicant complained that the Supreme Court ’ s refusal to consider his appeal on points of law had been in breach of his right of access to a court and his right to an effective remedy, as guaranteed under a rticle s 6 § 1 and 13 of the Convention respectively.

On 29 October 2015 and 4 November 2015 the Court received friendly settlement declarations signed by the parties under which the applicant 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 him EUR 2,050 (two thousand fifty euros) to cover any and all non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant, 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. 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 19 May 2016 .

Stephen Phillips Helena Jäderblom Registrar President