Maletin and Others v. Serbia
Struck out of the list
Berörda konventionsartiklar
THIRD SECTION
Application no. 11579/17 Todor MALETIN against Serbia and 4 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 6 June 2019 as a Committee composed of:
Dmitry Dedov, President, Alena Poláčková, Gilberto Felici, judges ,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants and their representatives is set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Serbian Government (“the Government”).
The Court received the friendly-settlement declarations under which the applicants agreed to waive any further claims against Serbia in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and 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 cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 27 June 2019.
Liv Tigerstedt Dmitry Dedov Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(excessive length of civil proceedings)
No.
Application no. Date of introduction
Applicant’s name
Date of birth
Representative’s name
and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
per applicant
(in euros) [i]
Amount awarded for costs and expenses per application
(in euros) [ii]
11579/17
01/02/2017
Todor Maletin
27/04/1961
Spasojević Ivančić Dejana
Novi Sad
26/03/2018
22/03/2018
900
less any amounts which may have already been paid in regard of the length of proceedings at the domestic level
500
20919/17
04/03/2017
Miloš Dragišić
20/06/1963
Pavlović Mihailo
Belgrade
26/03/2018
16/03/2018
1,800
less any amounts which may have already been paid in regard of the length of proceedings at the domestic level
500
27700/17
05/04/2017
Dragomir Pavlović
05/05/1946
Glavonjić Radenko
Čačak
26/03/2018
09/03/2018
1,400
less any amounts which may have already been paid in regard of the length of proceedings at the domestic level
500
30119/17
13/04/2017
Miodrag Stojković
28/02/1961
Savic Gordana
Čačak
26/03/2018
12/09/2018
1,100
less any amounts which may have already been paid in regard of the length of proceedings at the domestic level
500
39833/17
24/05/2017
Čila Kančar
19/10/1977
Kosanović Nikola
Bečej
26/03/2018
22/03/2018
1,100
less any amounts which may have already been paid in regard of the length of proceedings at the domestic level
500
[i] . Plus any tax that may be chargeable to the applicants.
[ii] . Plus any tax that may be chargeable to the applicants.