European Court of Human Rights

SECOND SECTION

DECISION

Application no. 39175/05
by Stana MAJSTOROVIĆ
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 28 October 2005,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

PROCEDURE

The application was lodged by Ms Stana Majstorović, a Serbian national who was born in 1948 and lives in Čačak. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.

The applicant complained under Article 6 § 1 of the Convention about the non-enforcement of two final domestic judgment rendered on
28 November 2003 and 12 May 2008 against a “socially owned enterprise” (društveno preduzeće).

On 27 January 2010 and 22 February 2010 the Court received friendly settlement declarations signed by the parties under which the applicant 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 her EUR 5,400 (five thousand four hundred euros) to cover any non-pecuniary damage as well as costs and expenses, which will be converted into the domestic currency at the rate applicable on the date of payment, and 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 parties, furthermore, agreed that within the same three months period the Government will pay, from their own funds, the sums awarded to the applicant in the final domestic judgments of 28 November 2003 and
12 May 2008.

These payments 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 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