THIRD SECTION

DECISION

Application no . 21639/13 Biljana PAUNOVIĆ against Serbia

The European Court of Human Rights ( Third Section ), sitting on 10 June 2014 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 7 March 2013 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Biljana Paunović , is a Serbian national, who was born in 1964 and lives in Čačak . She was represented before the Court by Ms D. Obradović , a lawyer practising in Čačak .

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

The applicant complain ed under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 about the respondent State ’ s failure to enforce final court decisions of the Municipal Court in Čačak of 21 February 2000, 23 June 2003 and 15 December 2005, rendered in her favour, according to which the company - AD “ Cer ” Čačak (hereinafter “the debtor”) was ordered to pay her certain sums. These court decisions remain unenforced to the present day. The debtor was at the relevant time a socially-owned company.

On 11 December 2013 and 31 March 2014 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 is application against an undertaking by the Government to pay her 2,000 euros to cover any non-pecuniary damage as well as costs and expenses, which would be converted into local currency at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. Th i s sum would be payable within three months from the date of notification of the decision taken by the Court. In the ev ent of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it , from 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 parties, furthermore, agreed that within the said three-month period the Government would pay, from their own funds, the sums awarded in the domestic decisions under consideration in the present case, less any amounts which may have already been paid on the basis of the said decisions, plus the costs of the domestic enforcement proceedings. These payments will constitute the final resolution of the case pending before the European Court of Human Rights .

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 application 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.

Marialena Tsirli Ján Å ikuta              Deputy Registrar President