FOURTH SECTION
DECISION
Applications nos. 12371/21 and 18563/21
Anđa ĆAVAR and Ibrica PUCE against Bosnia and Herzegovina
and Ljubica JURIĆ and Borka ŠUNJIĆ against Bosnia and Herzegovina
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 9 December 2021 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement of domestic decisions against the Federation of Bosnia and Herzegovina were communicated to the Government of Bosnia and Herzegovina (“the Government”).
Subsequently, the Government informed the Court that the Federation of Bosnia and Herzegovina had introduced on 8 April 2021 an action plan with a view to securing the enforcement of all domestic judgments against it. The plan stated that the debt was about 42,000,000 convertible marks (BAM) and that all judgments would be enforced, in chronological order, by 2030. The Government submitted that the matter had thus been resolved.
The applicants disagreed and submitted that the enforcement time frame set by the Federation of Bosnia and Herzegovina was unreasonable.
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.
In a number of similar cases (see Muhović and Others v. Bosnia and Herzegovina (dec.), nos. 40841/13 and 12 others, 15 September 2020, concerning the Zenica-Doboj Canton; Akeljić and Others v. Bosnia and Herzegovina (dec.), nos. 8039/19 and 24 others, 13 October 2020, concerning the Central Bosnia Canton; Šarganović and Others v. Bosnia and Herzegovina (dec.), nos. 28251/18 and 19 others, 9 November 2020, concerning the Una-Sana Canton; and Lavić v. Bosnia and Herzegovina (dec.), no. 6340/20, 9 November 2020, concerning the Herzegovina-Neretva Canton) the Court held that enforcement time frames with a longer duration, where the final dates were set for 2041, 2032, 2040 and 2032, respectively, were acceptable. There is no reason to take a different approach in the present case.
As in the cases cited above, the Court considers that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications under Article 37 § 1 in fine.
Accordingly, the applications should be struck out of the list.
This conclusion is, however, without any prejudice to the Court’s power to restore, pursuant to Article 37 § 2, the present or any other similar applications to the list of cases if the circumstances justify such a course (see Muhović and Others, cited above, § 37).
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 13 January 2022.
Viktoriya Maradudina Armen Harutyunyan
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 or delayed enforcement of domestic decisions)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Relevant
domestic decision
Year of enforcement
according to the action plan
12371/21
12/02/2021
Anđa ĆAVAR
1961
Ibrica PUCE
1956
Sarajevo Municipal Court (applicant ĆAVAR), 29/06/2015
Sarajevo Municipal Court (applicant PUCE), 01/07/2015
Sarajevo Municipal Court (applicant PUCE), 05/11/2018
2024
2024
2029
18563/21
26/03/2021
Ljubica JURIĆ
1954
Borka ŠUNJIĆ
1959
Sarajevo Municipal Court (applicant ŠUNJIĆ), 22/06/2015
Sarajevo Municipal Court (applicant JURIĆ), 14/01/2016
Sarajevo Municipal Court (applicant JURIĆ), 13/12/2017
Sarajevo Municipal Court (applicant ŠUNJIĆ), 13/12/2017
Sarajevo Municipal Court (applicant JURIĆ), 31/10/2019
Sarajevo Municipal Court (applicant ŠUNJIĆ), 31/10/2019
2024
2026
2028
2028
2029
2029