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MITRIĆ v. SERBIA

Doc ref: 13851/08 • ECHR ID: 001-153780

Document date: March 17, 2015

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MITRIĆ v. SERBIA

Doc ref: 13851/08 • ECHR ID: 001-153780

Document date: March 17, 2015

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 13851/08 Slobodanka MITRIĆ against Serbia

The European Court of Human Rights ( Third Section ), sitting on 17 March 2015 as a Committee composed of:

Ján Šikuta , President, Dragoljub Popović , Iulia Antoanella Motoc , judges,

and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above application lodged on 28 February 2008 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Slobodanka Mitrić , is a Serbian national, who was born in 1947 and lives in Beograd .

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

The applicant complained under Article 6 of the Convention about the length of civil proceedings instituted in 1996 .

On 6 and 19 January 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 her EUR 3,600 (three thousand six hundred euros ) to cover any non-pecuniary damage less any amounts which may have already been paid in that regard at the domestic level , which will be converted into national currency at the rate applicable on the date of payment, and will be 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. 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 Government further undertook to ensure that all necessary steps were taken to allow the domestic proceedings under consideration in this case to be concluded as speedily as possible, taking into account the requirements of the proper administration of justice. 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 9 April 2015 .

Marialena Tsirli Ján Šikuta Deputy Registrar President

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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