Decision of Court (First Section Committee), May 19, 2015 (case JUGOBANKA AD BELGRADE v. \)

• Judge: PANDOVSKI B.
• Resolution Date: May 19, 2015
• Issuing Organization: Court (First Section Committee)

FIRST SECTION

DECISION

Application no. 37623/13 JUGOBANKA AD BELGRADEagainst the former Yugoslav Republic of Macedonia

The European Court of Human Rights (First Section), sitting on 19 May 2015 as a Committee composed of:

             Paulo Pinto de Albuquerque, President,

             Mirjana Lazarova Trajkovska,

             Linos-Alexandre Sicilianos, judges,

and André Wampach, Deputy Section Registrar,

Having regard to the above application lodged on 3 June 2013,

Having regard to the declaration submitted by the respondent Government on 19 August 2014 requesting the Court to strike the application out of the list of cases and the applicant’s reply to that declaration,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Jugobanka Ad Belgrade, is a company registered in Serbia. It was represented before the Court by Mr B. Pandovski, a lawyer practising in Skopje.

The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.

The Serbian Government, who had been informed of their right to intervene in the proceedings, under Article 36 § 1 of the Convention, gave no indication that they wished to do so.

The application had been communicated to the Government.

THE LAW

After the failure of attempts to reach a friendly settlement, by a letter of 19 August 2014 the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issue raised by the application. They further requested the Court to strike out the application in accordance with Article 37 of the Convention.

The declaration provided as follows:

“the Government would hereby like to express – by a way of unilateral declaration – its acknowledgement that in the special circumstances of the present case, did not fulfil the requirements of the applicant’s rights protected by Article 6 § 1 of the Convention. Consequently, the Government is prepared to pay the global sum of 765 EUR to Jugobanka AD Belgrade. In its view, this amount would constitute adequate redress and sufficient compensation for the violation of Article 6 § 1 that the domestic proceedings lasted unreasonably long, and thus a reasonable sum as to quantum in the present case in the light of the Court’s case law. This sum is to cover any pecuniary and non-pecuniary damage, as well as the costs and expenses and will be free of any taxes that may be applicable. This sum will be payable to the personal account of the applicant...