FIRST SECTION

DECISION

Application no. 30097/10 by Stipe PETRINA against Croatia

The European Court of Human Rights (First Section), sitting on 13 January 2011 as a Committee composed of:

Dean Spielmann , President, Nina Vajić , Giorgio Malinverni , judges, and André Wampach , Deputy Section Registrar ,

Having regard to the above application lodged on 18 May 2010,

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

Having deliberated, decides as follows:

PROCEDURE

The application was lodged by Mr Stipe Petrina, a Croatian national who was born in 1954 and lives in Primošten. He was represented before the Court by Mr A. Korljan, a lawyer practising in Zadar. The Croatian Government (“the Government”) were represented by their Agent, M s Š. Stažnik

The applicant complained under Article 6 § 1 of the Convention about the length of the criminal proceedings against him.

On 11 October and 3 November 201 0 the Co urt received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against the Croatia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 2,100 euros to cover any non-pecuniary damage as well as costs and expenses, which would be converted into Croatian kuna at the rate applicable on the date of payment, and will be free of any taxes that may be applicable and will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 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 (Article 37 § 1 in fine of the Convention).

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.

             André Wampach Dean Spielmann Deputy Registrar President