European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2010/259.html
Cite as: [2010] ECHR 259
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FIRST SECTION
DECISION
Application no.
33804/06
by Tomo GREGURIĆ
against Croatia
The European Court of Human Rights (First Section), sitting on 4 February 2010 as a Chamber composed of:
Anatoly
Kovler,
President,
Nina
Vajić,
Khanlar
Hajiyev,
Dean
Spielmann,
Sverre
Erik Jebens,
Giorgio
Malinverni,
George
Nicolaou,
judges,
and Søren
Nielsen, Section
Registrar,
Having regard to the above application lodged on 18 July 2006,
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 Tomo Gregurić, a Croatian national who was born in 1937 and lives in Zagreb. The Croatian Government (“the Government”) were represented by their Agent, Mrs Š. StaZnik.
The applicant complained under Article 6 § 1 of the Convention about the length of the administrative and civil proceedings instituted in September 1981 and February 1989, respectively, about the Supreme Court's refusal to examine the merits of his appeal on points of law in those civil proceedings, as well as, under Article 1 of Protocol No. 1 thereto, about the lack of compensation for expropriated property.
On 21 December 2009 and 13 January 2010 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Croatia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 7,500 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Croatian kunas at the rate applicable on the date of payment, and which will be 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.
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 (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.
Søren Nielsen Anatoly
Kovler
Registrar President