by Ljubinko MILENKOVIĆ
The European Court of Human Rights (Second Section), sitting on 29 March 2011 as a Committee composed of:
András Sajó, judges,
and Françoise Elens-Passos, Deputy 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 application was lodged by Mr Ljubinko Milenković, a Serbian national who was born in 1941 and lives in Bor. He was represented before the Court by Mr M. Petković and Ms D. Videnović, a lawyers practising in Bor. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
The applicants complained under Article 6 of the Convention about the non-enforcement of a final domestic judgment rendered in his favour.
On 7 January 2011 and 3 February 2011 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 him 5,400 (five thousand four hundred) euros to cover any non-pecuniary damage as well as costs and expenses, which would be converted into 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 undertook 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 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 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.
Françoise Elens-Passos Ireneu Cabral Barreto Deputy Registrar President