SECOND SECTION
DECISION
Application no. 44499/09
Živomir BEŠEVIĆ against Serbia
and 15 other applications
(see list appended)
The European Court of Human Rights (Second Section), sitting on 21 May 2013 as a Committee composed of:
Paulo Pinto de Albuquerque President,
Dragoljub Popović,
Helen Keller, judges,
and, Françoise Elens-Passos Acting Deputy Section Registrar,
Having regard to the formal declarations accepting a friendly settlement of the case.
Having deliberated, decides as follows:
THE FACTS
The applicants’ personal and other relevant details are set out in the appended table. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
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 16 January 2013 and 28 February 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 the amounts specified in the appended table to cover any non-pecuniary damage as well as costs and expenses, which will be converted into local currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. These sums will 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 will pay, from their own funds, the sums awarded in the domestic decisions under consideration in the present case (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 pursuant to Article 39 of the Convention.
For these reasons, the Court unanimously
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Françoise Elens-Passos Paulo Pinto de Albuquerque
Acting 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
Friendly settlement amount
44499/09
23/03/2009
Živomir BEŠEVIĆ
03/09/1959
Novi Pazar
Serbian
Zoran MILOSAVLJEVIĆ
Municipal Court in Novi Pazar
1. P1. 79/04 of 26 February 2004
2. P1. 1063/04 of 24 February 2005
3. P1. 429/05 of 24 October 2005
4. P1. 12/06 of 27 January 2006
5. P1. 841/06 of 30 November 2006
6. P1. 73/04 of 21 March 2005
7. P1. 1101/06 of10 January 2007
Municipal Court in Novi Pazar
1. I.166/2004 of 18/03/2004
2. I. 916/05 of 26/09/2005
3. I. 1891/2005 of 5/01/2006
4. I. 504/2006 of 16/05/2006
5. I. 1718/06 of 20/12/2006
6. I. 664/05 of 23/06/2005
7. I. 73/07 of 13/02/2007
3,100 Euros
5758/10
03/12/2009
Slobodan JOVANOVIĆ
01/12/1949
Leskovac
Serbian
Aleksandra ZDRAVKOVIĆ
Commercial Court in Leskovac
1. P. 707/03 of 14 April 2004
2. P. 133/04 of 24 February 2004
1. Commercial Court in Leskovac
I. 502/04 of19 May 2004
2. Municipal Court in Leskovac
I. 1872/08 of 16/05/2008
2,300 Euros
61779/10
06/10/2010
Nebojša SPORIĆ
01/04/1953
Majdanpek
Serbian
Dragan VASILJEVIĆ
Municipal Court in Majdanpek
P. 591/99 of 14 August 2000
Municipal Court in Majdanpek
I. 255/01 of 15/10/2001
4,800 Euros
70199/10
19/11/2010
Zlatomir ARSENOVIĆ
15/05/1959
Orid
Serbian
Municipal Court in Šabac
P.1965/03 of 19 November 2003
Municipal Court in Šabac
I.1602/07 of 2/08/2007
4,700 Euros
70203/10
22/11/2010
Dragan MIHAJLOVIĆ
11/12/1961
Šabac
Serbian
Municipal Court in Šabac
P. 1227/03 of 3 July 2003
Municipal Court in Šabac
I. 1145/07 of 18/05/2007
4,700 Euros
70219/10
22/11/2010
Hankija SEJDOVIC
05/05/1957
Novi Pazar
Serbian
Refija GARIBOVIĆ
Commercial Court in Užice
St. 35/06 of 24 October 2007
Enforcement requested in the insolvency proceedings (potraživanje prijavljeno u stecajnom postupku)
3,100 Euros
75355/10
04/12/2010
Dragan MIŠKOVIĆ
16/03/1966
Bogatić
Serbian
Municipal Court in Šabac
P. 2420/2000 of 22 December 2000
Municipal Court in Šabac
I. 394/01 of 12/03/2001
4,700 Euros
75362/10
04/12/2010
Borivoj PANTELIĆ
15/07/1962
Šabac
Serbian
Municipal Court in Šabac
P. 2423/2000 of 22 December 2000
Municipal Court in Šabac
I. 417/01 of 12/03/2001
4,700 Euros
14249/11
07/02/2011
Milica MILIĆ
18/08/1953
Grdelica
Serbian
1. Municipal Court in Leskovac
P. 5840/02 of 13 February 2003
2. Municipal Court in Leskovac
P. 2456//03 of 16 October 2003
1. Municipal Court in Leskovac
I. 2343/03 of 17 November 2003
2. Municipal Court in Leskovac
I. 263/03 of 23 November 2004
4,700 Euros
15612/11
18/02/2011
Zoran TODOROVIĆ
05/10/1966
Šabac
Serbian
1. Municipal Court in Šabac
P. 2410/00 of 12 June 2002
2. Municipal Court in Šabac
P. 1227/03 of 3 July 2007
1. Municipal Court in Šabac
The enforcement requested on 01/04/2003
2. Municipal Court in Šabac
I. 1218/07 of 28/05/2007
4,700 Euros
24462/11
05/03/2011
Milosav MIJAILOVIĆ
25/07/1962
Šabac
Serbian
Municipal Court in Šabac
P. 3556/03 of 16 December 2003
Municipal Court in Šabac
I. 1850/07 of 24/09/2007
4,700 Euros
33851/11
13/04/2011
Miloš KRSTIĆ
13/07/1952
Šabac
Serbian
Municipal Court in Šabac
P. 94/04 of 24 February 2004
Municipal Court in Šabac
I. 1763/04 of 11 January 2005
(lodged on 12 August 2004)
4,700 Euros
45838/11
11/05/2011
Zora ŽIVANOVIĆ
21/11/1960
Bajina Bašta
Serbian
Nikola TOMAŠEVIĆ
Second Municipal Court in Belgrade
P. 5270/98 of 2 June 2006
(amended by the First Municipal Court in Court in Belgrade’s decision P. 90377/2010 of 13 January 2011)
Fourth Municipal Court in Belgrade VI-I -1381/04 of 5 October 2004. (amended by the First Municipal Court in Belgrade 8 I. 49265/10)
4,800 Euros
56990/11
12/07/2011
Mihajlo TODORIĆ
07/04/1947
Šabac
Serbian
Municipal Court in Šabac
P. 2329/2000 of 23 November 2000
Municipal Court in Šabac
I. 401/01 of 12/03/2001
4,700 Euros
65918/11
11/05/2011
Dragan ILIĆ
18/09/1955
Majdanpek
Serbian
Dragan VASILJEVIĆ
Municipal Court in Majdanpek
P. 456/06 of 12 September 2006
Municipal Court in Majdanpek
I. 226/07 of 23/04/2007
2,000 Euros
14881/12
03/12/2009
Smiljka JOVANOVIĆ
02/12/1949
Leskovac
Serbian
Aleksandra ZDRAVKOVIĆ
Commercial Court in Leskovac
1. P. 707/03 of 14 April 2004
2. P. 133/04 of 24 February 2004
1. Commercial Court in Leskovac
I. 503/04 of 19 May 2004
2. Commercial Court in Leskovac
I. 472/04 of 25/05/2004
2,300 Euros
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