THIRD SECTION
DECISION
Application no. 15775/12
Slađana BILBIJA against Serbia
and 16 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 21 October 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 25 February 2012 and 31 August 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 3 January 2014 and 16 June 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) 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.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
APPENDIX
No.
Application
no. and date of introduction
Applicant name
date of birth
nationality
Final domestic decision details s
Enforcement order details
15775/12
27/02/2012
Slađana BILBIJA
14/06/1969
Serbian
Municipal Court in Aranđelovac
28 December 2004
Municipal Court in Aranđelovac
9 March 2010
15783/12
25/02/2012
Dragica PANTIĆ
22/12/1952
Serbian
Municipal Court in Aranđelovac
4 July 2007
Court of First Instance in Kragujevac
30 December 2011
17471/12
19/03/2012
Novica JANKOVIĆ
15/10/1947
Serbian
Municipal Court in Aranđelovac
12 December 2008
Municipal Court in Aranđelovac
1 April 2011
18640/12
29/02/2012
Snežana ALEKSIĆ
01/01/1960
Serbian
Municipal Court in Aranđelovac
28 December 2004
Municipal Court in Aranđelovac
17 March 2005
19010/12
12/03/2012
Dusanka LAZAREVIĆ
08/03/1951
Serbian
Municipal Court in Kragujevac
21 January 2009
Municipal Court in Kragujevac
12 March 2009
Commercial Court in Kragujevac
18 November 2010
19019/12
23/02/2012
Miroslav MIRKOVIĆ
26/05/1959
Serbian
Municipal Court in Šabac
16 May 2006
Commercial Court in Valjevo
27 March 2007
19026/12
23/02/2012
Mile DIMITRIJEVIĆ
03/05/1966
Serbian
Municipal Court in Šabac
4 May 2006
Commercial Court in Valjevo
27 March 2007
19028/12
23/02/2012
Miodrag DIMITRIJEVIĆ
06/12/1964
Serbian
Municipal Court in Šabac
16 May 2006
Commercial Court in Valjevo
27 March 2007
38589/12
11/06/2012
Tomislav BRATIĆ
13/10/1946
Serbian
Municipal Court in Aranđelovac
14 December 2009
First Instance Court in Kragujevac
2 December 2011
40196/12
21/06/2012
Mila KONDŽULOVIĆ
20/02/1975
Serbian
Municipal Court in Aranđelovac
3 November 2006
Municipal Court in Aranđelovac
2 February 2007
First Instance Court in Kragujevac
17 May 2011
40767/12
22/06/2012
Dragan ĐORĐEVIĆ
17/10/1967
Serbian
Municipal Court in Aranđelovac
3 November 2004
Municipal Court in Aranđelovac
9/6/2006
First Instance Court in Kragujevac
5 December 2011
41967/12
29/06/2012
Dragan INĐIĆ
05/05/1961
Serbian
Municipal Court in Aranđelovac
3 November 2004
First Instance Court in Kragujevac
5 December 2011
45993/12
09/07/2012
Dušanka AGATUNOVIĆ
17/02/1954
Serbian
Municipal Court in Aranđelovac
5 July 2005
First Instance Court in Kragujevac
27 May 2011
48086/12
13/07/2012
Radovan ŠVABIĆ
14/01/1946
Serbian
First Instance Court in Kragujevac
15 November 2011
50715/12
06/08/2012
Slobodan DAMNJANOVIĆ
20/07/1947
Serbian
First Instance Court in Kragujevac
14 October 2011
52705/12
05/07/2012
Dragana TURKOVIĆ
01/08/1963
Serbian
Municipal Court in Aranđelovac
8 February 2007
First Instance Court in Kragujevac
30 March 2012
57356/12
31/08/2012
Lena GERASIMOVIĆ
14/07/1950
Serbian
Municipal Court in Aranđelovac
2 March 2009
First Instance Court in Kragujevac
15 June 2012
Full & Egal Universal Law Academy