SECOND SECTION
DECISION
Application no. 57589/08
Izeta IBROVIĆ against Serbia
and 9 other applications
(see list appended)
The European Court of Human Rights (Second Section), sitting on 22 May 2012 as a Committee composed of:
András Sajó, President,
Dragoljub Popović,
Paulo Pinto de Albuquerque, judges,
and Françoise Elens-Passos, Deputy Section Registrar,
Having regard to the above applications lodged between 31 October 2008 and 14 December 2009,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
PROCEDURE
All of the applicants are Serbian nationals (for additional personal details see the appended table). The applicant in case no 57589/08 was represented before the Court by Ms R. Paljevac-Emrović, while the applicant in case no. 103/10 was represented before the Court by Ms R. Garibović. Both lawyers are practising in Novi Pazar. The applicants in cases nos. 6808/10, 7666/10, 72398/10, 73049/10, 73056/10, 73059/10, and 73060/10 were all represented before the Court by Ms D. Stoiljković, a lawyer practising in Smederevo. The applicant in case no. 61616/09 did not have representative before the Court. 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 fully 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 25 November 2011 and 9 January 2012 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 this sum within the said three-month period, the Government undertook to pay simple interest on it, 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.
For these reasons, the Court unanimously
Decides to join the applications;
Decides to strike the applications out of its list of cases pursuant to Article 39 of the Convention.
Françoise Elens-PassosAndrás Sajó
Deputy Registrar President
APPENDIX
No.
Application
no.
Lodged on
Applicant name
date of birth
place of residence
Final domestic decision (issuing authority / case no., adopted on)
Company name, seat, other information
Enforcement order (enforcement authority, case no. date of order)
Friendly settlement amount
57589/08
31/10/2008
Izeta IBROVIĆ
06/09/1951
Novi Pazar
Municipal Court in Novi Pazar
P1. 307/02 of 17 October 2002
“Vojin Popović-Domaća Radinost”, DOO, Novi Pazar, Under insolvency since 28/10/2005 Commercial Court in Užice (I. St. 35/06)
Enforcement requested in the insolvency proceedings (potraživanje prijavljeno u stečajnom postupku)
on 15 May 2007
Commercial Court in Užice (I. St. 35/06)
4,760 euros
61616/09
23/10/2009
Slavoljuba PETROVIĆ
01/06/1949
Raška
Municipal Court in Novi Pazar
P1. 305/07 of 22 May 2007
“Raška” Holding Kompanija AD, “Viskozna predionica”, DOO Novi Pazar
Municipal Court in Novi Pazar
I. 1855/07 of 13/12/2007
3,000 euros
103/10
22/10/2009
Muradija FAKIĆ
15/08/1956
Novi Pazar
Municipal Court in Novi Pazar
P1. 364/07 of 09 July 2007
“Raška” Holding Kompanija AD, “Pamučna predionica”, DOO Novi Pazar
Municipal Court in Novi Pazar
I. 1860/07 of 15/11/2007
3,600 euros
6808/10
14/12/2009
Milan PANIN
20/06/1962
Kovin
Municipal Court in Smederevo
IP. 217/02 of 17 November 2003
H.P."Fagram" Smederevo, Insolvency proceedings concluded on 30/06/2009
(Commercial Court in Požarevac St. 7/04)
Municipal Court in Smederevo
I. 12/2004 of 16/06/2004
6, 800 euros
7666/10
14/12/2009
Mirjana JORGAĆIJEVIĆ
11/11/1956
Smederevo
Municipal Court in Smederevo
IP. 216/02 of 07 August 2003
H.P."Fagram" Smederevo, Insolvency proceedings concluded on 30/06/2009
(Commercial Court in Požarevac St. 7/04)
Municipal Court in Smederevo
I. 867/03 of 09/12/2003
6, 800 euros
72398/10
14/12/2009
Nenad TEPAVČEVIĆ
24/05/1964
Smederevo
Municipal Court in Smederevo
I P. 261/2002 of 29 August 2003
H.P."Fagram" Smederevo, Insolvency proceedings concluded on 30/06/2009
(Commercial Court in Požarevac St. 7/04)
Municipal Court in Smederevo
I. 910/03 of 2/12/2003
6, 800 euros
73049/10
14/12/2009
Jasmina RADOJKOVIĆ
05/06/1968
Smederevo
Municipal Court in Smederevo
IP 591/02 of 26 February 2003
H.P."Fagram" Smederevo, Insolvency proceedings concluded on 30/06/2009, (Commercial Court in Požarevac St. 7/04)
Municipal Court in Smederevo
I. 697/03 of 03/12/2003
6, 800 euros
73056/10
14/12/2009
Snežana JOVANOVIĆ
04/08/1964
Smederevo
Municipal Court in Smederevo
IP. 258/02 of 17 November 2003
H.P."Fagram" Smederevo, Insolvency proceedings concluded on 30/06/2009, (Commercial Court in Požarevac St. 7/04)
Municipal Court in Smederevo
I. 16/2004 of 23/06/2004
6, 800 euros
73059/10
14/12/2009
Miroslav VAZMIĆ
21/01/1965
Smederevo
Municipal Court in Smederevo
IP. 231/02 of 17 November 2003
H.P."Fagram" Smederevo, Insolvency proceedings concluded on 30/06/2009, (Commercial Court in Požarevac St. 7/04)
Municipal Court in Smederevo
I. 17/2004 of 23/06/ 2004
6, 800 euros
73060/10
14/12/2009
Slaviša FILIPOVIĆ
25/03/1950
Miloševac
Municipal Court in Smederevo
IP. 643/02 of 17 November 2003
H.P."Fagram" Smederevo, Insolvency proceedings concluded on 30/06/2009, (Commercial Court in Požarevac St. 7/04)
Municipal Court in Smederevo
I. 18/2004 of 16/06/2004
6, 800 euros
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