by Dobrila NIKOLIĆ
The European Court of Human Rights (Second Section), sitting on 24 November 2009 as a Chamber composed of:
Kristina Pardalos, judges,,
and Françoise Elens-Passos, Deputy Section Registrar,
Having regard to the above application lodged on 3 January 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
The applicant Ms Dobrila Nikolić, is a Serbian national who was born in 1951 and lives in Banatski Brestovac. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
On 24 August 2009 and 20 October 2009 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against the Serbia in respect of the facts giving rise to this application against an undertaking by the Government to pay her 2,450 euros to cover any non-pecuniary damage as well as costs and expenses, which would be converted into Serbian dinars at the rate applicable on the date of payment, and free of any taxes that may be applicable. This sum would be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the Convention. 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 the expiry of that period until settlement, at a rate equal to the marginal lending rat of the European Central Bank during the default period, plus three percentage points. The payment would constitute the final resolution of the case.
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,
Decides to strike the application out of its list of cases.
F. Elens-Passos Françoise
Deputy Section Registrar President