Nenad JESIC v Bosnia and Herzegovina - 9336/08 [2011] ECHR 888 (17 May 2011)
The Court found the friendly settlement to be based on respect for human rights and decided there were no reasons to justify continued examination of the application.
Source-derived case information.
- Citation
- [2011] ECHR 888
- Parties
- Applicant: Nenad Ješić; Respondent: Bosnia and Herzegovina
- Jurisdiction
- European Union
- Procedural Posture
- Application to European Court of Human Rights / Friendly Settlement, Decision to Strike Out
- Outcome
- struck out
- Legal Topics
- Length of Proceedings, Severance Pay, Article 6 of the European Convention on Human Rights
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nenad Ješić
Applicant
Bosnia and Herzegovina
Respondent
Procedural Posture
Application to European Court of Human Rights / Friendly Settlement, Decision to Strike Out
Legal Issues
- 1 length of domestic proceedings concerning severance pay under Article 6
Ratio Decidendi
The Court found the friendly settlement to be based on respect for human rights and decided there were no reasons to justify continued examination of the application.
Court Disposition
struck out
Orders
- Application struck out of the list of cases
- Government to pay applicant 2,600 euros within three months, converted to convertible marks at applicable rate, free of taxes
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 >> Nenad JESIC v Bosnia and Herzegovina - 9336/08 [2011] ECHR 888 (17 May 2011) URL: https://www.bailii.org/eu/cases/ECHR/2011/888.html Cite as: [2011] ECHR 888 [ New search ] [ Contents list ] [ Printable RTF version ] [ Help ] FOURTH SECTION DECISION Application no. 9336/08 by Nenad JEŠIĆ against Bosnia and Herzegovina The European Court of Human Rights (Fourth Section), sitting on 17 May 2011 as a Committee composed of: Lech Garlicki, President , Ljiljana Mijović, Zdravka Kalaydjieva, and Fatoş Aracı , Deputy Section Registrar , Having regard to the above application lodged on 8 February 2008, Having regard to the formal declarations accepting a friendly settlement of the case, Having deliberated, decides as follows: PROCEDURE The applicant, Mr Nenad Ješić, is a citizen of Bosnia and Herzegovina who was born in 1956 and lives in Sarajevo. He was represented before the Court by Ms S. Poropat, a lawyer practising in Sarajevo. The Government of Bosnia and Herzegovina (“the Government”) were represented by their Deputy Agent, Ms Z. Ibrahimović. The applicant complained under Article 6 of the Convention about the length of domestic proceedings concerning severance pay. On 21 February and 11 March 2011 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Bosnia and Herzegovina in respect of the facts giving rise to this application against an undertaking by the Government to pay him 2,600 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into convertible marks 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. Fatoş Aracı Lech Garlicki Deputy Registrar President BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/ECHR/2011/888.html