THIRD SECTION
DECISION
Application no. 54054/08
Saveta ARSIĆ against Serbia
and 3 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 17 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 between 10 October 2008 and 31 January 2011,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants and their representatives is set out in the appendix.
The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.
Relying on Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1, 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 29 July 2014 and 9 November 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 19 March 2015.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
Appendix
No.
Application
no. and date of introduction
Applicant name
date of birth
nationality
Represented by
Final domestic decision details
(the seat of the relevant court and the date of the decision)
Enforcement order details
54054/08
10/10/2008
Saveta ARSIĆ
11/11/1946
Serbian
_
Novi Sad
16 September 2002
27/01/2003
54056/08
10/10/2008
Rada STAMENIĆ
18/08/1955
Serbian
_
Novi Sad
24 February 2003
19/06/2003
56782/09
18/09/2009
Hajrija BEŠIROVIĆ
23/10/1950
Serbian
Refija GARIBOVIĆ
Novi Pazar
29 November 2007
23/01/2008
17445/11
31/01/2011
Dušan JANKOVIĆ[1]
29/09/1932
Serbian
DULE D.O.O.
Niš
_
Niš
4 February 1998
16/09/1998
30/06/2010
15/09/2010
[1] The first applicant, Mr Dušan Janković is the sole owner of the second applicant, Dule D.O.O. The second applicant obtained the final court decision in its favour.
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