SECOND SECTION
DECISION
Application no. 50045/08
Esad ĆOROVIĆ against Serbia
and 8 other applications
(see list appended)
The European Court of Human Rights (Second Section), sitting on
10 July 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 25 September 2008 and 11 October 2008,
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). They were represented before the Court by Mr A. Hadžibulić, a lawyer practising in Novi Pazar. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
Relying on Article 6 and Article 1 of Protocol No. 1 to 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 21 November 2011 and 23 May 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 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-PassosAndrás Sajó
Deputy RegistrarPresident
Appendix
No.
Application
no.
and date of introduction
Applicant name
date of birth
place of residence
Final domestic decision (issuing authority / case no., adopted on)
and enforcement order (enforcement authority, case no. , date of order)
Company name and seat
Friendly settlement
amount
50045/08
25/09/2008
Esad ĆOROVIĆ
04/06/1958
Novi Pazar
Municipal Court in Novi Pazar
P1. 180/05 of 18 August 2005
Municipal Court in Novi Pazar
I. 1557/05 of 6/01/2006
“Tkačnica 14. Avgust” DOO
Novi Pazar
2,100 euros
50082/08
25/09/2008
Mera SINANOVIĆ
23/09/1967
Novi Pazar
Municipal Court in Novi Pazar
P1. 37/05 of 18 August 2005
Municipal Court in Novi Pazar
I. 1709/05 of 6/01/2006
“Vigonj” Predionica DOO Novi Pazar
2,100 euros
50085/08
25/09/2008
Atifa MULIĆ
01/10/1946
Novi Pazar
Municipal Court in Novi Pazar
P1. 1161/04 of 24 December 2004
Municipal Court in Novi Pazar
I. 985/05 of 26/09/2005
“Tkačnica 14. Avgust” DOO Novi Pazar
2,100 euros
50089/08
25/09/2008
Mera HABIBOVIĆ
18/08/1959
Novi Pazar
Municipal Court in Novi Pazar
P1. 51/05 of 28 March 2005
Municipal Court in Novi Pazar
I.1875/05 of 27/12/2005
“Raška” Holding Kompanija AD-“Predionica 28 Novembar” Novi Pazar
2,100 euros
50624/08
11/10/2008
Šehida LIČINA
28/05/1950
Novi Pazar
Municipal Court in Novi Pazar
P1. 643/04 of 3 November 2004
Municipal Court in Novi Pazar
I. 1137/04 of 21/02/2005
“Vigonj” Predionica DOO Novi Pazar
2,600 euros
58476/08
07/10/2008
Hajrija AVDOVIĆ
25/05/1965
Novi Pazar
Municipal Court in Novi Pazar
P1.643/04 of 3 November 2004
Municipal Court in Novi Pazar
I. 1137/04 of 21/02/2005
“Vigonj” Predionica DOO Novi Pazar
2,600 euros
58478/08
07/10/2008
Redžep GUSINAC
02/02/1957
Novi Pazar
Municipal Court in Novi Pazar
P1.643/04 of 3 November 2004
Municipal Court in Novi Pazar
I. 1137/04 of 21/02/2005
“Vigonj” Predionica DOO Novi Pazar
2,600 euros
58482/08
07/10/2008
Mahija HODŽIĆ
07/10/1956
Novi Pazar
Municipal Court in Novi Pazar
P1.643/04 of 3 November 2004
Municipal Court in Novi Pazar
I. 1137/04 of 21/02/2005
“Vigonj” Predionica DOO Novi Pazar
2,600 euros
58487/08
07/10/2008
Vasvija DOLOVAC
10/02/1957
Novi Pazar
Municipal Court in Novi Pazar
P1.643/04 of 3 November 2004
Municipal Court in Novi Pazar
I. 1137/04 of 21/02/2005
“Vigonj” Predionica DOO Novi Pazar
2,600 euros
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