THIRD SECTION
DECISION
Application no. 5548/12
Stanka ANASTASOVA against Serbia
and 28 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 2 June 2015 as a Committee composed of:
Ján Šikuta, President,
Iulia Antoanella Motoc,
Branko Lubarda, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above applications lodged between 28 July 2012 and 16 November 2012,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
THE FACTS AND PROCEDURE
The applicants’ personal and other relevant details are set out in the appended table. The Serbian Government ("the Government") were represented by their Agent, Ms V. Rodić.
Relying on various Articles of the Convention, the applicants complained about the respondent State’s failure to enforce final court decisions rendered in their favour against different socially/State-owned companies. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 28 October 2014 and 12 January 2015 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 cases 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 25 June 2015.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
APPENDIX
No.
Application
no. and date of introduction
Applicant name
date of birth
place of residence
nationality
Final domestic decision details
Enforcement order details
5548/12
12/12/2011
Stanka ANASTASOVA
05/05/1948
Serbian
Bosilegrad Municipal Court
14 April 2008
Vranje Municipal Court
21 May 2008
5778/12
22/09/2011
Dafinka METODIJEV
27/06/1957
Serbian
Bosilegrad Municipal Court
27 February 2008
Vranje Municipal Court
10 April 2008
5828/12
05/12/2011
Zorica SPASOV
27/08/1965
Serbian
Bosilegrad Municipal Court
20 February 2008
20 February 2008
Vranje Municipal Court
22 May 2008
10 June 2008
5871/12
05/12/2011
Ivanka TASEV
29/12/1958
Serbian
Bosilegrad Municipal Court
25 March 2008
Vranje Municipal Court
16 May 2008
5936/12
05/12/2011
Slavica ANDONOV
04/02/1967
Serbian
Bosilegrad Municipal Court
20 February 2008
Vranje Municipal Court
20 May 2008
6930/12
25/01/2012
Zoran KOSANIĆ
26/10/1967
Serbian
Šabac Municipal Court
27 November 2006
(not submitted)
Šabac Municipal Court
12 April 2007
7182/12
16/12/2011
Slobodan STOJČIĆ
28/04/1949
Serbian
Šabac Municipal Court
10 March 2005
19 October 2005
Šabac Municipal Court
26 January 2007
29 January 2007
7789/12
28/12/2011
Milan MIJATOVIĆ
05/06/1954
Serbian
Šabac Municipal Court
7 March 2007
Šabac Municipal Court
10 April 2007
8306/12
01/12/2011
Stojana NASEV
13/06/1956
Serbian
Bosilegrad Municipal Court
18 February 2008
21 April 2008
Vranje Municipal Court
20 May 2008
10 June 2008
8307/12
17/01/2012
Matija JELIĆ
12/04/1957
Serbian
Šabac Municipal Court
21 June 2004
19 July 2006
Sremska Mitrovica Municipal Court
21 February 2005
8308/12
25/11/2011
Mirjana TODOROVA
28/01/1955
Serbian
Bosilegrad Municipal Court
23 November 2007
Vranje Municipal Court
20 March 2009
8544/12
05/12/2011
Vesna VASILEVA
15/05/1977
Serbian
Bosilegrad Municipal Court
20 August 2003
21 January 2006
Vranje Municipal Court
19 November 2003
18 September 2008
10017/12
11/01/2012
Dragoljub ALANOVIĆ
22/07/1961
Serbian
Šabac Municipal Court
9 November 2006
Šabac Municipal Court
12 March 2007
10405/12
30/11/2011
Cvetanka STOJEV
14/11/1966
Serbian
Bosilegrad Municipal Court
10 March 2008
Vranje Municipal Court
15 September 2008
11767/12
30/11/2011
Veljko VASIĆ
11/03/1953
Serbian
Šabac Municipal Court
15 December 2006
Šabac Municipal Court
14 March 2007
15164/12
10/02/2012
Saša JOVANOVIĆ
16/08/1969
Serbian
Šabac Municipal Court
24 October 2005
Šabac Municipal Court
26 January 2007 (request)
18316/12
19/03/2012
Zoran MARKOVIĆ
23/09/1960
Serbian
Šabac Municipal Court
8 June 2004
21 July 2006
Šabac Municipal Court
14 March 2007 (request)
13 April 2007
18319/12
07/03/2012
Danica BURSAĆ
14/08/1949
Serbian
Šabac Municipal Court
21 October 2005
Šabac Municipal Court
12 Janaury 2007 (request)
19261/12
21/03/2012
Mićo OSTOJIĆ
11/08/1947
Serbian
Šabac Municipal Court
24 October 2005
Šabac Municipal Court
13 April 2007
32753/12
23/04/2012
Ljiljana DESANČIĆ
14/03/1955
Serbian
Šabac Municipal Court
1 March 2007
Šabac Municipal Court
14 March 2007
34999/12
18/05/2012
Stojiša GAJIĆ
10/05/1958
Serbian
Šabac Municipal Court
11 December 2006
Šabac Municipal Court
13 April 2007
45905/12
13/07/2012
Daniela ARSOV
15/09/1975
Serbian
Bosilegrad Municipal Court
5 June 2003
24 December 2003
Vranje Municipal Court
17 September 2003
8 August 2005
47514/12
16/07/2012
Đura NAKEV
18/11/1960
Serbian
Bosilegrad Municipal Court
14 April 2008
Vranje Municipal Court
14 July 2008
56045/12
27/08/2012
Safeta BOGUĆANIN
04/05/1963
Serbian
Novi Pazar Municipal Court
10 December 2004
14 June 2006
Novi Pazar Municipal Court
3 April 2006
57228/12
31/08/2012
Vene STOIMENOV
13/10/1953
Serbian
Bosilegrad Municipal Court
29 June 2007
Vranje Municipal Court
17 April 2008
67885/12
15/10/2012
Olga HRISTOV
21/06/1954
Serbian
Vranje Municipal Court
13 July 2005
13 September 2006
Vranje Municipal Court
31 January 2006
8 May 2008
70514/12
24/10/2012
Mahmud KUČEVIĆ
09/12/1955
Serbian
Novi Pazar Municipal Court
01 February 2005
07 March 2007
Novi Pazar Court of First Instance
31 August 2012
71822/12
20/10/2012
Marko SPASOVIĆ
16/12/1989
Serbian
Novi Pazar Municipal Court
11 June 2004
30 September 2005
14 December 2006
Novi Pazar Municipal Court
27 December 2004
14 February 2006
14 June 2007
78846/12
20/11/2012
Sabira MAVRIĆ
31/07/1961
Serbian
Novi Pazar Municipal Court
5 June 2008
Novi Pazar Municipal Court
9 October 2008
Full & Egal Universal Law Academy