European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2009/1382.html
Cite as: [2009] ECHR 1382
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SECOND SECTION
DECISION
Application no.
48190/06
by Milisav ZLATKOVIĆ
against Serbia
The European Court of Human Rights (Second Section), sitting on 1 September 2009 as a Chamber composed of:
Françoise
Tulkens,
President,
Ireneu
Cabral Barreto,
Vladimiro
Zagrebelsky,
Danutė
Jočienė,
Dragoljub
Popović,
András
Sajó,
Nona
Tsotsoria,
judges,
and
Sally Dollé, Section
Registrar,
Having regard to the above application lodged on 7 November 2006,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Milisav Zlatković, is a Serbian national who was born in 1953 and lives in KnjaZevac. He was represented before the Court by Mr M. Petković, a lawyer practising in Bor. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
Under Article 6 § 1 of the Convention, the applicant complained about the excessive length of a property-related suit, which had been brought before the Municipal Court (Opštinski sud) in KnjaZevac in 1992. This case was concluded by the final judgment of the Supreme Court of Serbia of 12 February 2009.
THE LAW
On 20 January 2009 the Court received the following declaration from the Government:
“I declare that the Government of Serbia offer to pay ex gratia 2,600 euros to Mr Milisav Zlatković with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any non-pecuniary damage, suffered as a result of domestic procedural delay, as well as the costs and expenses, will be converted into the national currency at the rate applicable on the date of payment, and 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 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 undertake 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 pending before the European Court of Human Rights. The applicant’s domestic claims shall be considered by the Serbian courts separately and are not affected by this declaration.”
On 27 January 2009 the Court also received the following declaration signed by the applicant:
“I note that the Government of Serbia are prepared to pay the applicant ex gratia the sum of 2,600 euros with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights ... I accept the proposal and waive any further claims against Serbia in respect of the facts giving rise to this application. I declare that this constitutes the final resolution of the case pending before the European Court of Human Rights. The domestic claims shall be considered by the Serbian courts separately and are not affected by this declaration.”
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 public policy 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 by a majority
Decides to strike the application out of its list of cases.
Sally Dollé Françoise
Tulkens
Registrar President