THIRD SECTION
DECISION
Application no. 64998/13
Snežana CEROVIĆ against Serbia
and 11 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 21 October 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 19 September 2013 and 27 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 and other relevant details are set out in the appended table. The Serbian Government ("the Government") were represented by their Agent, Ms V. Rodić.
Relying on various Articles of the Convention, the applicants complained about the respondent State’s failure to enforce final court decisions rendered in their favour against socially/State-owned companies. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 13 January 2014 and 19 March 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) less any amounts which may have already been paid in that regard at the domestic level 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. Date of introduction
Applicant name
Date of birth
Nationality
Represented by
Final domestic decision details
Enforcement order details
64998/13
27/09/2013
Snežana CEROVIĆ
15/05/1957
Serbian
Slobodan PROTIĆ
Belgrade
10/10/2007
05/08/2011
65000/13
27/09/2013
Radomir ĐORĐEVIĆ
23/09/1954
Serbian
Slobodan PROTIĆ
Belgrade
10/10/2007
01/04/2009
65002/13
27/09/2013
Saša PAVLOVIĆ
26/03/1967
Serbian
Slobodan PROTIĆ
Belgrade
24/12/2007
18/07/2011
65004/13
27/09/2013
Ubavka SIMIĆ
29/10/1969
Serbian
Slobodan PROTIĆ
Belgrade
28/11/2007
05/07/2011
65005/13
27/09/2013
Dušica MARKOVIĆ
22/08/1954
Serbian
Slobodan PROTIĆ
Belgrade
17/01/2008
15/12/2011
67253/13
25/09/2013
Mile ILIBAŠIĆ
15/03/1946
Serbian
Slobodan PROTIĆ
Belgrade
28/05/2007
06/02/2009
67254/13
25/09/2013
Zorica GAJIĆ
08/07/1953
Serbian
Slobodan PROTIĆ
Belgrade
28/11/2007
20/07/2011
67257/13
25/09/2013
Goran STOJČEVIĆ
21/11/1967
Serbian
Slobodan PROTIĆ
Belgrade
17/12/2007
17/11/2011
67261/13
25/09/2013
Milenko FILIPOVIĆ
05/04/1948
Serbian
Slobodan PROTIĆ
Belgrade
28/05/2007
06/02/2009
67264/13
19/09/2013
Snežana JEROTIJEVIĆ
27/03/1965
Serbian
Slobodan PROTIĆ
Belgrade
06/09/2007
18/04/2008
67269/13
19/09/2013
Ivan TRAJKOVIĆ
21/06/1980
Serbian
Slobodan PROTIĆ
Belgrade
28/11/2007
25/07/2011
67271/13
19/09/2013
Slobodan KREZIĆ
04/03/1965
Serbian
Slobodan PROTIĆ
Belgrade
06/09/2007
18/04/2008
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