Decision of Court (Third Section Committee), March 17, 2015 (case RISTOVIĆ v. SERBIA)

Judge:RALEVIC M.
Resolution Date:March 17, 2015
Issuing Organization:Court (Third Section Committee)

THIRD SECTION

DECISION

Application no. 49872/10Božica RISTOVIĆagainst Serbia

The European Court of Human Rights (Third Section), sitting on 17 March 2015 as a Committee composed of:

             Ján Šikuta, President,              Dragoljub Popović,              Iulia Antoanella Motoc, judges,

and Marialena Tsirli, Deputy Section Registrar,

Having regard to the above application lodged on 18 August 2010,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Božica Ristović, is a Serbian national, who was born in 1964 and lived in Donji Milanovac. She was represented before the Court by Mr M. Ralević, a lawyer practising in Majdanpek. On 7 May 2012 the applicant’s representative informed the Court that the applicant had passed away on 25 October 2011 and that her husband wished to pursue the examination of the case before the Court.

The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.

The applicant complained under Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1 to the Convention about the respondent State’s failure to enforce the final court decision of the Municipal Court in Majdanpek of 28 April 2004 rendered in her favour, according to which a socially/State-owned company was ordered to pay her certain sum. This court decision remains unenforced to the present day.

On 5 October 2014 and 15 October 2014 the Court received friendly settlement declarations signed by the parties under which the applicant 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 her 2,000 euros, less any amounts which may have already been paid in that regard at the domestic level, to cover any non-pecuniary damage as well as costs and expenses, which would be converted into local currency at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. This sum would be...

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