THIRD SECTION
DECISION
Application no. 8397/08
Dragan AĆIMOVIĆ against Serbia
and 24 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 3 February 2015 as a Committee composed of:
Ján Šikuta, President,
Dragoljub Popović,
Iulia Antoanella Motoc, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above applications lodged on 31 January 2008, 18 February 2008 and 25 June 2008,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants are all Serbian nationals. Their personal details are set out in the appendix. They were first represented by Mr S. Jovanović and then by Mr M. Kunić, both lawyers practising in Subotica.
The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.
The applicants complained under Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 about the respondent State’s failure to enforce a final court decision of the Subotica Commercial Court, no. St. 208/ 95 of 29 May 2007, rendered in their favour, according to which a socially/State-owned company was ordered to pay them certain sums. This court decision remains unenforced to the present day.
On 1 October 2014 and 15 October 2014 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Serbia in respect of the facts giving rise to these applications against an undertaking by the Government to pay each of them 2,000 EUR (two thousand euros), less any amounts which may have already been paid in that regard at the domestic level, to cover any non-pecuniary damage as well as costs and expenses, which would be converted into local currency at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. These sums would be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay these sums within the said three-month period, the Government undertook to pay simple interest on them, 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 parties, furthermore, agreed that within the said three-month period the Government would pay, from their own funds, the sums awarded in the domestic decisions under consideration in the present cases (see table appended), less any amounts which may have already been paid on the basis of the said decisions, plus the costs of the domestic enforcement proceedings. These payments will constitute the final resolution of the cases pending before the European Court of Human Rights
THE LAW
The Court considers that, in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their similar factual and legal background.
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 applications.
In view of the above, it is appropriate to strike the applications out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 26 February 2015.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
Appendix
No.
Application no.
Applicant name
date of birth
8397/08
Dragan AĆIMOVIĆ
22/05/1957
46608/14
Tomislav PETRIČEVIĆ
03/02/1981
Ivanka PETRIČEVIĆ
31/12/1983
46622/14
Ilona SABO
23/10/1950
46642/14
Jožef NAĐ
23/05/1955
46653/14
Ervin SANTO
05/09/1962
46656/14
Marinko TIKVICKI
15/10/1965
46658/14
Peter PEŠTI
10/04/1962
46662/14
Oto RAFAI
27/02/1961
46666/14
Branislav VUKČEVIĆ
20/09/1960
46669/14
Šandor SENCI
28/12/1959
46674/14
Dragan SAMARDŽIJA
18/03/1964
46676/14
Stevan MESAROŠ
17/01/1963
46678/14
Atila SOKOLA
12/03/1965
46680/14
Tibor NOVAK
12/04/1962
46683/14
Slavica MAZALICA
28/06/1963
46686/14
Janoš TOT
17/11/1953
46689/14
Atila ĐURČIK
14/06/1966
46690/14
Peter VIRAG
26/06/1953
46759/14
Branislav MARKOVIĆ
01/06/1952
46762/14
Davor OTTO
30/11/1974
46764/14
Ilija JURIŠIĆ
19/03/1955
46766/14
Mladen KNEŽEVIĆ
06/10/1973
46767/14
Ivan PEIĆ
24/11/1950
46770/14
Branko ČEČUR
11/03/1952
46772/14
Čaba TAKAČ
20/12/1971
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