Jovanka DOKIC v Serbia - 20946/11 [2012] ECHR 666 (20 March 2012)
The Court found the friendly settlement reached between the parties to be based on respect for human rights and saw no reasons to justify continued examination of the application, thus striking the case out of its list.
Source-derived case information.
- Citation
- [2012] ECHR 666
- Parties
- Applicant: Jovanka Đokić; Respondent: Republic of Serbia
- Jurisdiction
- European Union
- Procedural Posture
- Application / Decision on Friendly Settlement
- Outcome
- struck out
- Legal Topics
- Length of Proceedings, Article 6 § 1 ECHR, Friendly Settlement
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jovanka Đokić
Applicant
Republic of Serbia
Respondent
Procedural Posture
Application / Decision on Friendly Settlement
Legal Issues
- 1 Whether the length of civil proceedings violated Article 6 § 1 of the Convention
- 2 Whether the friendly settlement is compatible with human rights as defined in the Convention
Ratio Decidendi
The Court found the friendly settlement reached between the parties to be based on respect for human rights and saw no reasons to justify continued examination of the application, thus striking the case out of its list.
Court Disposition
struck out
Orders
- The application is struck out of the list of cases.
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] European Court of Human Rights You are here: BAILII >> Databases >> European Court of Human Rights >> Jovanka DOKIC v Serbia - 20946/11 [2012] ECHR 666 (20 March 2012) URL: https://www.bailii.org/eu/cases/ECHR/2012/666.html Cite as: [2012] ECHR 666 [ New search ] [ Contents list ] [ Printable RTF version ] [ Help ] SECOND SECTION DECISION Application no. 20946/11 Jovanka ĐOKIĆ against Serbia The European Court of Human Rights (Second Section), sitting on 20 March 2012 as a Committee composed of: András Sajó, President, Dragoljub Popović, Paulo Pinto de Albuquerque, judges, and Françoise Elens-Passos , Deputy Section Registrar , Having regard to the above application lodged on 19 March 2008, Having regard to the formal declarations accepting a friendly settlement of the case, Having deliberated, decides as follows: PROCEDURE The applicant, Ms Jovanka Đokić, is a Serbian national who was born in 1943 and lives in Bor. She was represented before the Court by Ms D. Videnović, a lawyer practising in Bor. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić. The applicant complained under Article 6 § 1 of the Convention about the length of civil proceedings she had instigated claiming damages. On 7 July and 12 July 2011 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 3,800 (three thousand eight hundred) euros to cover any non-pecuniary damage as well as costs and expenses, which would be converted into national currency at the rate applicable on the date of payment, and will 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. Françoise Elens-Passos Andr á s Saj ó Deputy Registrar President BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/ECHR/2012/666.html