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KOMAR AND OTHERS v. MONTENEGRO

Doc ref: 35564/19;48995/21;50021/21 • ECHR ID: 001-220766

Document date: October 6, 2022

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KOMAR AND OTHERS v. MONTENEGRO

Doc ref: 35564/19;48995/21;50021/21 • ECHR ID: 001-220766

Document date: October 6, 2022

Cited paragraphs only

FIFTH SECTION

DECISION

Application no. 35564/19 Radovan KOMAR against Montenegro and 2 other applications

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 6 October 2022 as a Committee composed of:

Stéphanie Mourou-Vikström , President,

Ivana Jelić ,

Kateřina Šimáčková , judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants and their representatives is set out in the appended table.

The applicants’ complaints under Article 6 § 1 of the Convention concerning the length of proceedings before the Constitutional Court were communicated to the Montenegrin Government (“the Government”).

The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Montenegro in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, 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 cases.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

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 the Protocols thereto and finds no reasons to justify a continued examination of the applications.

In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 27 October 2022.

Viktoriya Maradudina Stéphanie Mourou-Vikström Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention

(Length of proceedings before the Constitutional Court)

No.

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for non-pecuniary damage

per applicant

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

35564/19

14/05/2019

Radovan KOMAR

1951Laković Nikola

Podgorica

18/04/2022

06/04/2022

1,500

250

48995/21

24/09/2021

Gorica LALIĆEVIĆ

1985Lalićević Duško

Podgorica

18/04/2022

14/02/2022

1,200

250

50021/21

01/10/2021

(5 applicants)

Ljiljana LALIĆEVIĆ

1956Branka TANASIJEVIĆ

1958Vjera VUKOVIĆ

1952Lenka DURUTOVIĆ

1954Sonja ŠĆEPOVIĆ

1957Lalićević Duško

Podgorica

18/04/2022

14/02/2022

900

250[1] Plus any tax that may be chargeable to the applicants.

[2] Plus any tax that may be chargeable to the applicants.

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