THIRD SECTION

DECISION

Applications nos . 17197/11 and 44008/14 Milovan JOVANOVIĆ against Serbia

The European Court of Human Rights ( Third Section ), sitting on 30 June 2015 as a Committee composed of:

Ján Šikuta , President, Iulia Antoanella Motoc , Branko Lubarda , judges,

and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above applications lodged on 8 February 2011 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Milovan Jovanović , is a Serbian national, who was born in 1949 and lives in Majdanpek . He was represented before the Court by Mr M. Bojčević , a lawyer practising in Majdanpek .

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

The applicant complained under Article s 6 and 13 of the Convention and Article 1 of Protocol No. 1 to the Convention about the respondent State ’ s failure to enforce the final court decision s of the Municipal Court in Majdanpek of 12 February 2001 and 20 March 2002 respectively , rendered in h is favour , according to which a socially/State-owned company was ordered to pay h im certain sums. The decisions have in the meantime been enforced.

On 30 March 2015 and 9 April 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 th ese application s against an undertaking by the Government to pay h im 2,000 EUR (two thousand euros) in total , less any amounts which may have already been paid in that regard at the domestic level, to cover any non-pecuniary damage as well as costs and expenses, which w ould be converted into local currency at the rate applicable on the date of payment, and w ould be free of any taxes that may be applicable. Th i s sum w ould 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. Th is 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 23 July 2015 .

Marialena Tsirli Ján Šikuta Deputy Registrar President