MATUSAN v. CROATIA - 18113/11 (Decision) [2012] ECHR 1122 (12 June 2012)

0 [ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] European Court of Human Rights You are here: BAILII >> Databases >> European Court of Human Rights >> MATUSAN v. CROATIA - 18113/11 (Decision) [2012] ECHR 1122 (12 June 2012) URL: https://www.bailii.org/eu/cases/ECHR/2012/1122.html Cite as: [2012] ECHR 1122 [ New search ] [ Contents list ] [ Printable RTF version ] [ Help ] FIRST SECTION DECISION Application no . 18113/11 Željka MATUŠAN against Croatia The European Court of Human Rights (First Section) , sitting on June as a Committee composed of: Anatoly Kovler , President, Mirjana Lazarova Trajkovska , Linos-Alexandre Sicilianos , judges, and André Wampach , Deputy Section Registrar , Having regard to the above application lodged on 17 January 2011 , Having regard to the formal declarations accepting a friendly settlement of the case , Having deliberated , decides as follows: PROCEDURE The applicant , Ms Željka Matušan , is a Croatian national , who was born in 1949 and lives in Rab . She was represe nted before the Court by Mr I. Debel ic , a lawyer practising in Rab . The Croatian Government (“the Government”) were represented by their Agent , Ms Š. Stažnik . The applicant complained under Article 6 § 1 and Article 13 of the Convention about length of the proceedings before the Constitutional Court and the lack of an ef fective remedy in that respect. On 9 February and 14 March 2012 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Croatia in respect of the facts giving rise to this application against an undertaking by the Government to pay her 3 , euros to cover any non-pecuniary damage as well as costs and expenses , which would be converted into Croatian kuna at the rate applicable on the date of payment , and would be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period , the Government undertook to pay simple interest on it , from 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 its Protocols and finds no reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). 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. André Wampach Anatoly Kovler Deputy Registrar President BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/ECHR/2012/1122.html