European Court of Human Rights

SECOND SECTION

DECISION

Application no. 36185/08
by Jovan KERKEZ and Tatjana ALEKSIĆ
against Serbia

The European Court of Human Rights (Second Section), sitting on 10 May 2011 as a Committee composed of:

András Sajó, President,
Dragoljub Popović,
Paulo Pinto de Albuquerque, judges,

and Françoise Elens-Passos, Deputy Section Registrar,

Having regard to the above application lodged on 18 July 2008,

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

Having deliberated, decides as follows:

PROCEDURE

The applicants, Mr Jovan Kerkez and Ms Tatjana Aleksić, are Serbian nationals who were born in 1970 and 1975 respectively and live in Zrenjanin. They were represented before the Court by Mr D. Radin, a lawyer practising in Zrenjanin. 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 length of proceedings upon their compensation related lawsuit.

On 10 September 2010 and 1 October 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 him 2,600 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, and 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 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 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 András Sajó
Deputy Registrar President