Miholič v. Slovenia

FOURTH SECTION

Application no. 36024/16 Niko MIHOLIČ against Slovenia (see appended table)

The European Court of Human Rights (Fourth Section), sitting on 31 January 2019 as a Committee composed of:

Georges Ravarani, President, Marko Bošnjak, Péter Paczolay, judges, and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 20 June 2016,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Ms M. Matjaž, a lawyer practising in Maribor.

The applicant’s complaint under Article 10 of the Convention concerning the fine the applicant had been ordered to pay for contempt of court was communicated to the Slovenian Government (“the Government”).

The Court received friendly-settlement declaration under which the applicant agreed to waive any further claims against Slovenia in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the 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 the Protocols thereto and finds no reasons to justify a continued examination of the application. 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 in accordance with Article 39 of the Convention.

Done in English and notified in writing on 21 February 2019.

Liv Tigerstedt Georges Ravarani Acting Deputy Registrar President

APPENDIX

Application no. Date of introduction

Applicant’s name

Date of birth

Representative’s name and location

Date of receipt of Government declaration

Date of receipt of Applicant’s declaration

Amount awarded for pecuniary and non-pecuniary damage

per applicant

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

36024/16

20/06/2016

Niko Miholič

17/10/1985

Matjaž Maja

Maribor

26/10/2018

05/12/2018

3,200

300

[1] . Plus any tax that may be chargeable to the applicant.

[2] . Plus any tax that may be chargeable to the applicant.