SECOND SECTION

DECISION

Application no . 53053/09 Pavle PANÄŒEVSKI against Montenegro

The European Court of Human Rights ( Second Section ), sitting on 23 June 2015 as a Committee composed of:

Paul Lemmens , President, Nebojša Vučinić , Egidijus Kūris , judges,

and Abel Campos , Deputy Section Registrar ,

Having regard to the above application lodged on 15 September 2009 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Pavle Pančevski , is a Macedonian national, who was born in 1936 and lives in Podgorica .

The Montenegrin Government (“the Government”) were represented by their Agent at the time , Mr Z. Pa ž in .

Further to the notification under Article 36 § 1 of the Convention and Rule 44 § 1 (a), the Government of the former Yugoslav Republic of Macedonia did not wish to exercise their right to intervene in the present case.

The applicant complained under Article 6 of the Convention about a lack of access to court, in that the Supreme Court refused to examine the merits of his appeal on points of law.

On 23 March 2015 and 2 8 April 2015 the Court received friendly settlement declarations signed by the applicant and the Government respectively, under which the applicant agreed to waive any further claims against Montenegro in respect of the facts giving rise to th is application against an undertaking by the Government to pay him 3,600 euros to cover any and all non-pecuniary damage, which includes costs and expenses, plus any tax that may be chargeable to the applicant.

It 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 16 July 2015 .

Abel Campos Paul Lemmens Deputy Registrar President