Milan, Tea, Mirela and Igor MOMIC and Others v Bosnia and Herzegovina - 28730/06 [2011] ECHR 881 (17 May 2011)

Milan, Tea, Mirela and Igor MOMIC and Others v Bosnia and Herzegovina - 28730/06 [2011] ECHR 881 (17 May 2011)

The Court found the friendly settlement reached between the parties to be based on respect for human rights as defined in the Convention and its Protocols, and found no reasons to justify continued examination of the applications. Accordingly, it was appropriate to strike the cases out of the list.

Source-derived case information.

Citation
[2011] ECHR 881
Parties
Applicant: Milan Momić and Others; Respondent: Government of Bosnia and Herzegovina
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Decision on Friendly Settlement, Applications Struck Out
Outcome
Applications struck out of the list of cases by unanimous decision.
Legal Topics
Non Enforcement of Domestic Judgments, Friendly Settlement, War Damage Claims
Human Rights Law Civil Procedure Non Enforcement of Domestic Judgments Friendly Settlement War Damage Claims

Source-derived case record

Summary, issues, holding and outcome

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Parties

Milan Momić and Others

Applicant

Government of Bosnia and Herzegovina

Respondent

Procedural Posture

Application to the European Court of Human Rights / Decision on Friendly Settlement, Applications Struck Out

  1. 1 Whether the non-enforcement of final domestic judgments in favour of applicants against Republika Srpska for war damage violated the European Convention on Human Rights
  2. 2 Whether the friendly settlement reached is compatible with the Convention

Ratio Decidendi

The Court found the friendly settlement reached between the parties to be based on respect for human rights as defined in the Convention and its Protocols, and found no reasons to justify continued examination of the applications. Accordingly, it was appropriate to strike the cases out of the list.

Court Disposition

Applications struck out of the list of cases by unanimous decision.

Orders

  • Government to pay 1,000 euros per application to cover non-pecuniary damage and costs, converted to convertible marks at the applicable rate, tax-free, within three months of notification.
  • In case of late payment, simple interest at the ECB marginal lending rate plus three percentage points applies.