lagen.nu
no. 37787/23

Maksić v. Montenegro

Struck out of the list

Domstol
European Court of Human Rights
Avgörandedatum
2025-06-19
ECLI
ECLI:CE:ECHR:2025:0619DEC003778723
Artiklar
6, 6-1, 39
Källa
hudoc.echr.coe.int

Berörda konventionsartiklar

FIRST SECTION

Application no. 37787/23 Dragan MAKSIĆ against Montenegro

(see appended table)

The European Court of Human Rights (First Section), sitting on 19 June 2025 as a Committee composed of:

Frédéric Krenc , President , Davor Derenčinović, Alain Chablais , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 9 October 2023,

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 Mr D. Tomović, a lawyer practising in Podgorica.

The applicant’s complaints under Article 6 § 1 of the Convention concerning the delayed enforcement of domestic decisions were communicated to the Montenegrin Government (“the Government”).

The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against Montenegro 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 10 July 2025.

Viktoriya Maradudina Frédéric Krenc Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

(non-enforcement or delayed enforcement of domestic decisions)

Application no. Date of introduction

Applicant’s name

Year 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) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

37787/23

09/10/2023

Dragan MAKSIĆ

1966

Tomović Dalibor

Podgorica

16/05/2025

28/02/2025

3,600

250

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

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