SECOND SECTION
DECISION
Application no. 36038/20
Predrag BILIĆ against Serbia
and 19 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 9 December 2021 as a Committee composed of:
Pauliine Koskelo, President,
Branko Lubarda,
Marko Bošnjak, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the date indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Mr S. Aleksić, a lawyer practising in Niš.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement of domestic decisions given against socially/State-owned companies were communicated to the Serbian Government (“the Government”).
The Court received the 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, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the 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 Government also undertake to ensure the enforcement of the domestic decisions under consideration in the cases concerned (see appended table) within the same three-month period, and to pay any costs of the domestic enforcement proceedings.
The payment and the enforcement of the domestic decisions in the cases concerned will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 the Protocols thereto 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 13 January 2022.
Viktoriya Maradudina Pauliine Koskelo
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1
(non-enforcement of domestic decisions given against socially/State-owned companies)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
per applicant
(in euros)[1] [2]
Amount awarded for costs and expenses per application
(in euros)[3]
36038/20
10/08/2020
Predrag BILIĆ
1960
01/10/2021
13/10/2021
1,000
250
36052/20
10/08/2020
Svetislav DIMITRIJEVIĆ
1973
01/10/2021
13/10/2021
1,000
250
36054/20
10/08/2020
Gordana ŽIVKOVIĆ
1970
01/10/2021
13/10/2021
1,000
250
36067/20
10/08/2020
Miloš PAVLOVIĆ
1982
01/10/2021
13/10/2021
1,000
250
36074/20
10/08/2020
Ivan FILIPOVIĆ
1983
01/10/2021
13/10/2021
1,000
250
36076/20
10/08/2020
Toplica JOVANOVIĆ
1960
01/10/2021
13/10/2021
1,000
250
36079/20
10/08/2020
Miodrag FILIPOVIĆ
1953
01/10/2021
13/10/2021
1,000
250
36122/20
10/08/2020
Saša MOMČILOVIĆ
1970
01/10/2021
13/10/2021
1,000
250
36154/20
10/08/2020
Slobodan ŠOŠIĆ
1962
01/10/2021
13/10/2021
1,000
250
36168/20
10/08/2020
Vesna ANTIĆ
1962
01/10/2021
13/10/2021
1,000
250
36280/20
10/08/2020
Radica MUNJAS
1965
01/10/2021
13/10/2021
1,000
250
36282/20
10/08/2020
Svetlana MIHAJLOVIĆ
1956
01/10/2021
13/10/2021
1,000
250
36284/20
10/08/2020
Slaviša VUČKOVIĆ
1963
01/10/2021
13/10/2021
1,000
250
36285/20
10/08/2020
Darko RADOJKOVIĆ
1983
01/10/2021
13/10/2021
1,000
250
36286/20
10/08/2020
Mikica MANIĆ
1953
01/10/2021
13/10/2021
1,000
250
36288/20
10/08/2020
Saša MIKIĆ
1966
01/10/2021
13/10/2021
1,000
250
36289/20
10/08/2020
Radoslav GAJIĆ
1953
01/10/2021
13/10/2021
1,000
250
36440/20
10/08/2020
Igor STANIMIROVIĆ
1982
01/10/2021
13/10/2021
1,000
250
37141/20
10/08/2020
Slobodan ŽIVKOVIĆ
1968
01/10/2021
13/10/2021
1,000
250
37142/20
10/08/2020
Milorad ILIĆ
1983
01/10/2021
13/10/2021
1,000
250
[1] Plus any tax that may be chargeable to the applicants.
[2] Less any amounts which may have already been paid in that regard at the domestic level.
[3] Plus any tax that may be chargeable to the applicants.