European Court of Human Rights

SECOND SECTION

DECISION

Application no. 26330/07
by Zoran KLČESKO and Nebojša PAUNOVIĆ
against Serbia

The European Court of Human Rights (Second Section), sitting on
18 May 2010 as a Chamber composed of:

Françoise Tulkens, President,
Danutė Jočienė,
Dragoljub Popović,
András Sajó,
Nona Tsotsoria,
Kristina Pardalos,
Guido Raimondi, judges,
and Sally Dollé, Section Registrar,

Having regard to the above application lodged on 30 May 2007,

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 Zoran Klčesko and Mr Nebojša Paunović, Serbian nationals who were born in 1962 and 1974 respectively and live in Majdanpek and Kučevo. They were represented before the Court by Mr D. Vasiljević, a lawyer practising in Majdanpek. The Serbian Government (“the Government”) were represented by their Agent,
Mr S, Carić.

The applicants complained under Article 6 § 1 of the Convention about the non-enforcement of final domestic judgments rendered on 8 April 2001 and 3 September 2002.

On 19 March 2010 and 31 March 2010 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Serbia in respect of the facts giving rise to this application against an undertaking by the Government to pay them EUR 2,700 (two thousand seven hundred euros) each, to cover any non-pecuniary damage as well as costs and expenses, which will be converted into national currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable and payable within five 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 five-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 parties, furthermore, agreed that within the same five months period the Government will pay, from their own funds the sums awarded to the applicants in the final domestic judgments of 8 April 2001 and
3 September 2002.

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 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.

Sally Dollé Françoise Tulkens
Registrar President