THIRD SECTION
DECISION
Application no. 61587/13
Mujesira BULJEVIĆ against Serbia
and 21 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 2 September 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 and 25 September 2013,
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 details are set out in the appended table. They were all represented by Mr H. Klimenta, a lawyer practising in Tutin. The Serbian Government ("the Government") were represented by their Agent, Ms V. Rodić.
Relying on Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 to the Convention, the applicants complained about the respondent State’s failure to enforce final court decisions rendered in their favour against a socially/State-owned company. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 14 April and 6 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
Enforcement order/request details
61587/13
11/09/2013
Mujesira BULJEVIĆ
20/04/1967
Serbian
Tutin
27/11/2002
Novi Pazar
27/01/2003
61596/13
11/09/2013
Hajradin HOT
08/08/1962
Serbian
Tutin
26/11/2002
Novi Pazar
27/01/2003
61609/13
11/09/2013
Džana HOT
22/05/1968
Serbian
Tutin
27/11/2002
Novi Pazar
27/01/2003
61641/13
11/09/2013
Hadija PRAMENKOVIĆ
30/03/1959
Serbian
Tutin
27/11/2002
Novi Pazar
27/01/2003
63284/13
25/09/2013
Sadija DREKOVIĆ
10/10/1966
Serbian
Tutin
07/12/2007
Novi Pazar
30/01/2008
63293/13
25/09/2013
Refida KECAP
28/03/1960
Serbian
Tutin
30/10/2003
Novi Pazar
11/06/2004
63383/13
25/09/2013
Safeta MECINOVIĆ
11/08/1967
Serbian
Tutin
18/03/2003
Novi Pazar
05/05/2003
63388/13
25/09/2013
Mera KUČ
14/03/1956
Serbian
Tutin
09/12/2002
Novi Pazar
27/01/2003
63508/13
25/09/2013
Rabija MUJOVIĆ
01/08/1961
Serbian
Tutin
27/12/2002
Novi Pazar
28/01/2003
63513/13
25/09/2013
Ljutvija TUTIĆ
08/02/1957
Serbian
Tutin
18/03/2003
Novi Pazar
05/05/2003
63516/13
25/09/2013
Sejdo DEMIĆ
31/03/1964
Serbian
Tutin
21/11/2006
Novi Pazar
01/11/2007
63517/13
25/09/2013
Muamera DUDIĆ
03/07/1958
Serbian
Tutin
27/12/2002
Novi Pazar
28/01/2003
63519/13
25/09/2013
Miroslav PANTOVIĆ
28/08/1963
Serbian
Tutin
27/11/2002
Novi Pazar
27/01/2003
66787/13
25/09/2013
Omer NEZOVIĆ
01/03/1957
Serbian
Tutin
25/11/2002
Novi Pazar
27/01/2003
66791/13
25/09/2013
Safet HABIBOVIĆ
26/08/1958
Serbian
Tutin
27/12/2002
Novi Pazar
28/01/2003
66796/13
25/09/2013
Nazića EROVIĆ
05/06/1950
Serbian
Tutin
25/09/2007
Novi Pazar
30/10/2007
66805/13
25/09/2013
Sabrija PRAMENKOVIĆ
07/04/1966
Serbian
Tutin
26/02/2007
Novi Pazar
14/04/2007
66833/13
25/09/2013
Hasan BEROVIĆ
15/06/1958
Serbian
Tutin
27/11/2002
Novi Pazar
27/01/2003
66841/13
25/09/2013
Hatidža KLIMENTA SMAJOVIĆ
25/04/1962
Serbian
Tutin
22/08/2003
30/10/2003
Novi Pazar
03/10/2003
11/06/2004
66876/13
25/09/2013
Bedrija KLIMENTA
23/04/1963
Serbian
Tutin
25/11/2002
Novi Pazar
27/01/2003
66998/13
25/09/2013
Ramiza UGLJANIN
01/02/1965
Serbian
Tutin
25/11/2002
Novi Pazar
27/01/2003
66999/13
25/09/2013
Đula PAJKO
16/08/1959
Serbian
Tutin
30/10/2003
Novi Pazar
11/06/2004
Full & Egal Universal Law Academy