Přehled
Rozhodnutí
FIRST SECTION
DECISION
Application no. 8296/18
Drago KANDIĆ
against Montenegro
(see appended table)
The European Court of Human Rights (First Section), sitting on 8 December 2022 as a Committee composed of:
Krzysztof Wojtyczek, President,
Ivana Jelić,
Erik Wennerström, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 26 June 2017,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr Darmanović, a lawyer practising in Podgorica.
The applicant’s complaints under Article 6 § 1 of the Convention concerning the non-enforcement of a domestic decision given against socially/State-owned companies were communicated to the Montenegrin Government (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against Montenegro in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amount detailed in the appended table. This amount will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, from the 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 Government also undertake to ensure the enforcement of the domestic decision under consideration in this case within the same three-month period, and to pay any costs of the domestic enforcement proceedings.
The payment and the enforcement of the domestic decision in the case will constitute the final resolution of this 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 the Protocols thereto and finds no reasons to justify a continued examination of the application.
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 in accordance with Article 39 of the Convention.
Done in English and notified in writing on 12 January 2023.
Viktoriya Maradudina Krzysztof Wojtyczek
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
(non-enforcement or delayed enforcement of domestic decisions given against socially/State-owned companies)
Application no. | Applicant’s name Year of birth | Date of receipt of Government’s declaration | Date of receipt of applicant’s declaration | Amount awarded for non-pecuniary damage and costs and expenses per applicant (in euros) [1] [2] |
8296/18 26/06/2017 | Drago KANDIĆ 1928 | 18/05/2022 | 14/03/2022 | 2,000 |
[1] Plus any tax that may be chargeable to the applicant.
[2] Less any amounts which may have already been paid in that regard at the domestic level.