European Court of Human Rights

SECOND SECTION

DECISION

Application no. 3558/08
by Luka ĐURIĆ
against Serbia

The European Court of Human Rights (Second Section), sitting on 30 June 2009 as a Chamber composed of:

Françoise Tulkens, President,
Ireneu Cabral Barreto,
Vladimiro Zagrebelsky,
Danutė Jočienė,
Dragoljub Popović,
András Sajó,
Nona Tsotsoria, judges,,
Sally Dollé, Section Registrar,

Having regard to the above application lodged on 9 January 2008,

Having deliberated, decides as follows:

THE FACTS

The applicant, Luka Đurić, is a Serbian national who was born in 2003 and currently lives in Smederevo. He was represented before the Court by Ms S. Pećanac, a lawyer practising in the same town. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.

Under Article 6 of the Convention and Article 1 of Protocol No. 1, it was claimed on behalf of the applicant that the child maintenance proceedings before the Municipal Court in Smederevo have been excessively long, as well as unfair. A complaint was also made, under Article 13 of the Convention, about a lack of effective remedies for such delays.

THE LAW

The Court considers that it is no longer necessary to determine this case for the following reasons.

The applicant has settled the claim with the respondent Government for an ex gratia payment of 600 euros. Following which, on 15 January 2009, the applicant’s representative informed the Court that the applicant wished to withdraw the case.

In view of the above, the Court finds that the applicant no longer wishes to pursue his case, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, there are no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the application.

For these reasons, the Court unanimously,

Decides to strike the application out of its list of cases.

Sally Dollé Françoise Tulkens Registrar President