FOURTH SECTION
DECISION
Application no. 13353/19
Vitomir AKSIĆ
against Serbia
(see appended table)
The European Court of Human Rights (Second Section), sitting on 10 November 2022 as a Committee composed of:
Armen Harutyunyan, President,
Anja Seibert-Fohr,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 22 February 2019,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,
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 L. Uljarević, a lawyer practising in Kragujevac.
The applicant’s complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement of a domestic decision given against a socially/State-owned company were communicated to the Serbian Government (“the Government”).
THE LAW
Having examined all the material before it, the Court considers that the applicant’s complaints about the non-enforcement of the domestic decision under consideration are inadmissible since he has failed to use the remedies provided for by the Right to a Trial within a Reasonable Time Act (Zakon o zaštiti prava na suđenje u razumnom roku, Official Gazette no. 40/2015). The Court held in Stanković v. Serbia ((dec.), no. 41285/19, § 22, 3 December 2019) that the applicant who had used the said remedies had lost her status as a “victim” within the meaning of Article 34 of the Convention. The present applicant has not explained why those remedies would have been inadequate or ineffective in his case.
In view of the above, the Court finds that these complaints are inadmissible for non-exhaustion of domestic remedies and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 1 December 2022.
Viktoriya Maradudina Armen Harutyunyan
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1
(non-enforcement or delayed enforcement of domestic decisions given against socially/State-owned companies)
Application no.
Date of introduction
Applicant’s name
Year of birth
Relevant domestic decision
Start date of non-enforcement period
End date of non-enforcement period
Length of enforcement proceedings
13353/19
22/02/2019
Vitomir AKSIĆ
1951
Commercial Court
in Kragujevac, 29/10/2010
29/10/2010
pending
More than 10 year(s) and 3 month(s) and 27 day(s)