THIRD SECTION
DECISION
Application no. 60174/08
Džemila BAJROVIĆ
against Serbia
and 13 other applications
The European Court of Human Rights (Third Section), sitting on 7 March 2014 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 11 November 2008 and 1 April 2013,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
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 19 September 2013 and 3 December 2013 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) 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 settlements reached between the parties. It is satisfied that the settlements are 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.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
APPENDIX
No.
Application
no. and date of introduction
Applicant name
date of birth
place of residence
nationality
Represented by
Final domestic decision details
Enforcement order details
60174/08
11/11/2008
Džemila BAJROVIĆ
22/07/1959
Serbian
Refija GARIBOVIĆ
Municipal Court in Novi Pazar
1.P1.811/04 of 19 April 2006
2.P1.915/06 of 13 November 2006
3.P1.807/07 of 12 December 2007
Municipal Court in Novi Pazar
1.I.1061/06 of 19/07/2006
2.I.1591/06 of 08/12/2006
3.I.169/08 of 20/02/2008 (the applicant’s request was dismissed due to the restructuring of the company)
57094/09
18/09/2009
Goran GAVRILOVIĆ
01/01/1956
Serbian
Želimir JEREMIĆ
Municipal Court in Čačak
P. 1267/03 of 5 June 2007
Municipal Court in Čačak
I. 1212/07 of 17/09/2007
I. 1008/08 of 15/07/2008
I. 1008/08 of 29/04/2009
7813/10
15/01/2010
Zineta MAVRIĆ SKOKO
09/09/1958
Serbian
Ramiza PALJEVAC-EMROVIĆ
Municipal Court in Novi Pazar
P1.575/02 of 9 December 2002
Municipal Court in Novi Pazar
I. 97/03 of 18/03/2003
17243/11
07/02/2011
Mahija KRUŠEVLJANIN
04/10/1961
Serbian
Ramiza PALJEVAC-EMROVIĆ
Municipal Court in Novi Pazar
P1. 165/08 of 20 March 2008
Municipal Court in Novi Pazar
I. 738/08 of 20/08/2008
24416/11
08/03/2011
Gordana GRUJIĆ
04/06/1951
Serbian
Commercial Court in Zaječar
P. 288/2001 of 17 August 2008
P. 823/2003 of 14 June 2005
The enforcement requested in the insolvency proceedings
Commercial Court in Zaječar St. 324/00
42649/11
16/06/2011
Ljubomir PETROVIĆ
01/11/1958
Serbian
Municipal Court in Šabac
P.3461/05 of 3 February 2006
Court of First Instance in Šabac
3 I. 1389/11 of 9/01/2012
8745/12
20/01/2012
Ljubomir ISKRENOVIĆ
04/01/1944
Serbian
Nenad ČOLOVIĆ
Municipal Court in Kragujevac
2P-XXVI-631/06 of 19 June 2008
Enforcement requested in the insolvency proceedings
Commercial Court in Kragujevac
St.45/2010 of 25 October 2010
15278/12
05/03/2012
Vedžiha ZEJNELOVIĆ
05/10/1968
Serbian
Ramiza PALJEVAC-EMROVIĆ
Municipal Court in Novi Pazar
P.1. 261/05 of 25 October 2005
The claim has been recognised
in the insolvency proceedings,
Commercial Court in Užice
St. 35/06 of 24 October 2007.
15283/12
05/03/2012
Mejrema MEKIĆ
07/07/1957
Serbian
Ramiza PALJEVAC-EMROVIĆ
Commercial Court in Užice
St. 35/06 of 24 October 2007
The claim has been recognised in the insolvency proceedings
St. 21/10 of 4 February 2011
25907/12
18/04/2012
Slobodan STEVANOVIĆ
07/09/1944
Serbian
Nenad ČOLOVIĆ
Municipal Court i n Kragujevac
2P-XXVI-5300/03 of 1 October 2007
Enforcement requested and recognised in the insolvency proceedings
Commercial Court in Kragujevac
St.45/2010 of 25 October 2010
28238/12
30/04/2012
Milka ŽIVKOVIĆ
18/03/1952
Serbian
Nenad ČOLOVIĆ
Municipal Court in Kragujevac
2P-VI-3388/03 of 28 January 2009
Municipal Court in Kragujevac
I-1-862/09 of 12/03/ 2009
Commercial Court in Kragujevac
II. St.83/2010/54 of 18 November 2010
38662/12
11/06/2012
Spasoje MIHAJLOVIĆ
15/09/1951
Serbian
Nenad ČOLOVIĆ
Municipal Court in Kragujevac
2P-XX-5459/2003 of 22 November 2004
Municipal Court in Kragujevac
I-1-986/05 of 16 June 2005
Municipal Court in Kragujevac
I-1-862/2006 of 2 June 2006
78831/12
15/11/2012
Gordana ČUTOVIĆ
15/02/1949
Serbian
Snežana JOKIĆ
Municipal Court in Čačak
P. 490/08 of 12 November 2009
Court of First Instance in Čačak
I.808/11 of 16/05/2011
26949/13
01/04/2013
Olgica CVETKOVIĆ
27/04/1948
Serbian
Slobodan PETROVIĆ
Municipal Court in Vladičin Han
1. P. 928/02 of 23 September 2003
2. P. 150/04 of 9 March 2004
3. P. 140/05 of 17 May 2005
4. P. 140/05 of 7 Jun e 2005
Municipal Court in Vladičin Han
1. I. 745/03 of 17/12/2003
2. I. 439/04 of 1/04/2004
3. I. 445/05 of 30/08/2005
4. I. 48/06 of 22/02/2006
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