MIHOLIČ v. SLOVENIA

 
FOURTH SECTION
DECISION
Application no. 36024/16
Niko MIHOLIČ
against Slovenia
(see appended table)
 
The European Court of Human Rights (Fourth Section), sitting on 31 January 2019 as a Committee composed of:
Georges Ravarani, President,
Marko Bošnjak,
Péter Paczolay, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 20 June 2016,
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 Ms M. Matjaž, a lawyer practising in Maribor.
The applicant’s complaint under Article 10 of the Convention concerning the fine the applicant had been ordered to pay for contempt of court was communicated to the Slovenian Government (“the Government”).
The Court received friendly-settlement declaration under which the applicant agreed to waive any further claims against Slovenia in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, 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 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 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 21 February 2019.
Liv TigerstedtGeorges Ravarani
Acting Deputy RegistrarPresident


APPENDIX
Application no.
Date of introduction
Applicant’s name
Date of birth
Representative’s name and location
Date of receipt of Government declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage
per applicant
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
36024/16
20/06/2016
Niko Miholič
17/10/1985
Matjaž Maja
Maribor
26/10/2018
05/12/2018
3,200
300
 
[1]. Plus any tax that may be chargeable to the applicant.
[2]. Plus any tax that may be chargeable to the applicant.

Full & Egal Universal Law Academy