SECOND SECTION
DECISION
Application no. 46877/08
Mijailo BUNARDŽIĆ against Serbia
and 29 other applications
(see list appended)
The European Court of Human Rights (Second Section), sitting on 11 December 2012 as a Committee composed of:
Paulo Pinto de Albuquerque, President,
Dragoljub Popović,
Helen Keller, judges,
and Françoise Elens-Passos, Deputy Section Registrar,
Having regard to the above applications lodged between 5 November 2008 and 12 December 2009,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants are Mr Mijailo Bunardžić (cases nos. 46877/08 and 13377/09), Ms Gordana Đurđević (cases nos. 47035/08 and 57089/08), Mr Budislav Stojanović (cases nos. 57029/08 and 13368/09), Mr Luka Micić (cases nos. 57083/08 and 13382/09), Mr Milomir Arsić (cases nos. 57131/08 and 13372/09), Mr Jugoslav Pantelić (cases nos. 57142/08 and 13385/09), Mr Budimir Kačarević (cases nos. 57338/08 and 13375/09), Mr Mirko Janković (cases nos. 13239/09 and 13394/09), Mr Slavko Pavlović (cases nos. 13242/09 and 13391/09), Mr Dragan Antović (cases nos. 13245/09 and 13433/09), Mr Radovan Đorđević (13293/09 and 13396/09), Mr Milenko Radojičić (cases nos. 13306/09 and 13398/09), Mr Jovan Nešković (cases nos. 13308/09 and 13403/09), Mr Jovica Todorović (cases nos. 13361/09 and 13371/09) and Mr Veroljub Lazović (cases nos. 13369/09 and 13364/09). The applicants are Serbian nationals (for additional personal details see the appended table). They were all represented before the Court by Ms Daroslava Todorović, a lawyer practising in Kraljevo. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
The applicants essentially complained about the respondent State’s failure to enforce final judgments in their favour against different limited liability companies owned by Koncern Fabrika Vagona AD u restruktuiranju. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 25 November 2011 and 20 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 (per applicant and not per application) 5,500 (five thousand five hundred) euros 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 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 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-PassosPaulo Pinto de Albuquerque
Deputy RegistrarPresident
APPENDIX
No.
Application
no.
Lodged on
Applicant name
date of birth
place of residence
Final domestic decision (issuing authority / case no., adopted on)
Enforcement order (enforcement authority, case no., date of order)
46877/08
22/09/2008
Mijailo BUNARDŽIĆ
19/06/1963
Bukovica
Municipal Court in Kraljevo
IP. 1796/01 of 30 March 2005
Municipal Court in Kraljevo
I. 1549/05 of 16/03/2006
I. 221/08 of 29/01/2008
13377/09
12/12/2008
Municipal Court in Kraljevo
P. 1796/01 of 17 February 2005
Municipal Court in Kraljevo
I. 1552/05 of 18/11/2005
I. 265/08 of 4/02/2008
47035/08
22/09/2008
Gordana ĐURĐEVIĆ
29/11/1963
Kraljevo
Municipal Court in Kraljevo
IP. 298/01 of 24 January 2005 (as amended by the decision of District Court in Kraljevo of 27/09/2005)
Municipal Court in Kraljevo
I. 1551/05 of 16/03/2006
I. 261/08 of 01/02/2008
57089/08
05/11/2008
Municipal Court in Kraljevo
IP. 1198/03 of 15 December 2003
Municipal Court in Kraljevo
I. 46/05 of 21/01/2005
I. 259/08 of 01/02/2008
57029/08
05/11/2008
Budislav STOJANOVIĆ
20/12/1959
Kraljevo
Municipal Court in Kraljevo
IP. 809/03 of 22 October 2003
Municipal Court in Kraljevo
I. 18/05 of 17/01/2005
I. 254/08 of 31/01/2008
13368/09
12/12/2008
Municipal Court in Kraljevo
IP. 386/01 of 03 February 2005
Municipal Court in Kraljevo
I. 1240/05 of 11/10/2005
I. 210/08 of 28/01/2008
57083/08
05/11/2008
Luka MICIĆ
21/10/1952
Kraljevo
Municipal Court in Kraljevo
IP.795/03 of 25 February 2004
Municipal Court in Kraljevo
I. 5/05 of 10/01/2005
I. 252/08 of 31/01/2008
13382/09
12/12/2008
Municipal Court in Kraljevo
IP 388/01 of 25 January 2005 and 11 November 2005 (decision on costs)
Municipal Court in Kraljevo
I. 1631/05 of 16/03/2006
I. 179/08 of 29/01/2008
57131/08
05/11/2008
Milomir ARSIĆ
23/05/1950
Žiča - Kraljevo
Municipal Court in Kraljevo
IP.1197/03 of 15 December 2003
Municipal Court in Kraljevo
I. 41/05 of 21/01/2005
I.250/08 of 31/01/08
13372/09
12/12/2008
Municipal Court in Kraljevo
IP.219/01 of 26 April 2005
Municipal Court in Kraljevo
I. 1397/05 of 03/11/2005
I. 78/08 of 16/01/2008
57142/08
05/11/2008
Jugoslav PANTELIĆ
30/03/1960
Vrba - Zaklopača
Municipal Court in Kraljevo
IP. 298/01 of 24 January 2005 (as amended by the decision of District Court in Kraljevo no. Gž. 1282/05 of 27/09/2005)
Municipal Court in Kraljevo
I. 1554/05 of 18/11/2005
I. 266/08 of 31/01/2008
13385/09
12/12/2008
Municipal Court in Kraljevo
IP.1446/03 of 3 December 2004
Municipal Court in Kraljevo
I.142/05 of 09/02/2005
I. 272/08 of 31/01/2008
57338/08
05/11/2008
Budimir KAČAREVIĆ
10/07/1972
Vitanovac
Municipal Court in Kraljevo
IP.1446/03 of 03 December 2004
Municipal Court in Kraljevo
I.143/05 of 09/02/2005
I. 280/08 of 31/01/2008
13375/09
12/12/2008
Municipal Court in Kraljevo
IP. 296/01 of 25 January 2005(as amended by the decision of the District Court in Kraljevo no Gž-1103/05 of 17/08/2005)
Municipal Court in Kraljevo
I.1258/05 of 11/10/2005
I.172/08 of 30/01/2008
13239/09
12/12/2008
Mirko JANKOVIĆ
10/09/1956
Vitkovac - Kraljevo
Municipal Court in Kraljevo
IP. 425/04 of 14 April 2004
Municipal Court in Kraljevo
I. 43/05 of 24/01/2005
I. 258/08 of 31/01/2008
13394/09
12/12/2008
Municipal Court in Kraljevo
IP.790/01 of 03 February 2005
Municipal Court in Kraljevo
I. 1251/05 of 11/10/2005
I. 217 of 29/01/2008
13242/09
12/12/2009
Slavko PAVLOVIĆ
12/11/1965
Bogutovac-Kraljevo
Municipal Court in Kraljevo
IP. 815/03 of 22 October 2003
Municipal Court in Kraljevo
I. 49/05 of 21/01/2005
I. 276/08 of 31/01/2008
13391/09
12/12/2008
Municipal Court in Kraljevo
IP. 298/01 of 24 January 2005 (as amended by the decision of District Court in Kraljevo no. Gž. 1282/05 of 27/09/2005)
Municipal Court in Kraljevo
I. 1553/05 of 16/03/2006
I. 263/08 of 04/02/2008
13245/09
12/12/2009
Dragan ANTOVIĆ
12/08/1951
Čukojevac-Kraljevo
Municipal Court in Kraljevo
IP. 795/03 of 25 February 2004
Municipal Court in Kraljevo
I.13/05 of 17/01/2005
I. 256/08 of 31/01/2008
13433/09
12/12/2008
Municipal Court in Kraljevo
IP. 297/01 of 17 February 2005
Municipal Court in Kraljevo
I.1250/05 of 11/10/2005
I. 241/08 of 31/01/2008
13293/09
12/12/2009
Radovan ĐORĐEVIĆ
26/09/1961
Kraljevo
Municipal Court in Kraljevo
IP. 818/03 of 22 October 2003
Municipal Court in Kraljevo
I. 47/05 of 21/01/2005
I. 251/08 of 01/02/2008
13396/09
12/12/2008
Municipal Court in Kraljevo
IP. 306/01 of 26 April 2005
Municipal Court in Kraljevo
I. 1243/05 of 11/10/2005
I. 220/08 of 28/01/2008
13306/09
12/12/2009
Milenko RADOJIČIĆ
15/08/1961
Travnik
Municipal Court in Kraljevo
IP. 296/01 of 25 January 2005(as amended by the decision of the District Court in Kraljevo no Gž-1103/05 of 17/08/2005
Municipal Court in Kraljevo
I. 1247/05 of 11/10/2005
I. 174/08 of 28/01/2008
13398/09
12/12/2008
Municipal Court in Kraljevo
795/03 of 25 February 2004
Municipal Court in Kraljevo
I. 4/05 of 10/01/2005
I. 278/08 of 31/01/2008
13308/09
12/12/2009
Jovan NEŠKOVIĆ
27/06/1956
Kraljevo
Municipal Court in Kraljevo
IP. 795/03 of 25 February 2004
Municipal Court in Kraljevo
I. 17/05 of 17/01/2005
I.281/08 of 04/02/2008
13403/09
12/12/2008
Municipal Court in Kraljevo
IP. 298/01 of 24 January 2005 (as amended by the decision of District Court in Kraljevo no. Gž. 1282/05 of 27/09/2005)
Municipal Court in Kraljevo
I. 1555/05 of 16/03/2006
I. 264/08 of 31/01/2008
13361/09
12/12/2008
Jovica TODOROVIĆ
12/09/1962
Kraljevo
Municipal Court in Kraljevo
IP.1446/03 of 3 December 2004
Municipal Court in Kraljevo
I. 141/05 of 09/02/2005
I. 279/08 of 04/02/2008
13371/09
12/12/2008
Municipal Court in Kraljevo
IP. 794/01 of 3 February 2005
Municipal Court in Kraljevo
I. 1253/05 of 11/10/2005
I. 176/08 of 29/01/2008
13364/09
12/12/2008
Veroljub LAZOVIĆ
22/01/1950
Kraljevo
Municipal Court in Kraljevo
IP. 1196/03 of 15/12/2003
Municipal Court in Kraljevo
I. 44/05 of 21/01/2005
I. 277/08 of 04/02/2008
13369/09
12/12/2008
Municipal Court in Kraljevo
IP. 215/01 of 25 January 2005
Municipal Court in Kraljevo
I. 1670/05 of 12/12/2005
I. I. 223/08 of 31/01/2008
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