THIRD SECTION

DECISION

Application no . 55973/13 Slaviša RISTIĆ 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 application lodged on 27 August 2013 ,

Having regard to the declaration submitted by the respondent Government on 27 February 2015 requesting the Court to strike the application out of the list of cases and the applicant ’ s reply to that declaration,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Slaviša Ristić , is a Serbian national, who was born in 1949 and lives in Niš .

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

Relying on Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 to the Convention, t he applicant complained about the respondent State ’ s failure to enforce a final court decision rendered in his favour against a socially/State-owned company.

The application was communicated to the Government.

After unsuccessful friendly-settlement negotiations, by letter dated 27 February 2015 the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application.

The declaration provided as follows:

“ I declare that the Government of the Republic of Serbia is ready to accept that there had been a violation of the applicant ’ s right under Article 6 and Article 13 of the Convention and Article 1 of Protocol No. 1 to the Convention and offer to pay to Mr Slaviša Ristić , the amount of EUR 2 , 000 in respect of the application registered under no . 55973/13 before the European Court of Human Rights.

This sum, which is to cover any non-pecuniary damage as well as costs and expenses, will be converted into RSD at the rate applicable on the date of payment, free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases.

I further declare that within the same three-month period the Government offer to pay to t he applicant , from their own funds, the sums awarded in the domestic decision under consideration in this case , less any amounts which may have already been paid on the basis of the said decision, plus the costs of the domestic enforcement proceedings.

Th e amounts at issue will be paid directly to the account of the applicant. This payment will constitute the final resolution of the case.

The Government regret the occurrence of the actions which have led to the bringing of the present application. ”

On 22 April 2015 , the Court received a letter from the applicant informing the Court that he had agreed to the terms of the Government ’ s declaration.

THE LAW

The Court finds that following the applicant ’ s express agreement to the terms of the declaration made by the Government the case should be treated as a friendly settlement between the parties.

It therefore 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 pursuant to Article 39 of the Convention.

Done in English and notified in writing on 23 July 2015 .

Marialena Tsirli Ján Šikuta Deputy Registrar President