THIRD SECTION
DECISION
Application no. 11404/13
Milenko ČVOROVIĆ against Serbia
and 11 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 10 June 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 15 January 2013 and 9 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 5 December 2013 and 17 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) 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
No.
Application
no. and date of introduction
Applicant name
date of birth
place of residence
nationality
Represented by
Final domestic decision details
Enforcement order details
11404/13
15/01/2013
Milenko ČVOROVIĆ
02/07/1950
Serbian
Snežana JOKIĆ
Čačak
18/04/2007
20/09/2007
52406/13
06/08/2013
Vesna KARADŽOV
27/04/1968
Serbian
Bosilegrad
21/02/2005
05/07/2005
52604/13
23/04/2013
Miloš VASILIJEVIĆ
02/09/1947
Serbian
Snežana JOKIĆ
Čačak
10/12/2008
12/04/2010
53982/13
14/08/2013
Branko ĐORĐEVIĆ
24/11/1961
Serbian
Aranđelovac
09/05/2006
21/04/2011
57295/13
23/04/2013
Mirjana DROBNJAKOVIĆ
09/08/1971
Serbian
Snežana JOKIĆ
Čačak
10/12/2008
01/10/2009 (inheritance decision)
12/04/2010
57300/13
23/04/2013
Miroslav ĐURĐIĆ
27/07/1972
Serbian
Snežana JOKIĆ
Čačak
02/10/2008
27/08/2009
60799/13
11/09/2013
Fatima TURKOVIĆ
15/04/1961
Serbian
Hasim KLIMENTA
Tutin
15/12/2003
06/05/2008 (enforcement rejected due to debtor’s restructuring)
64883/13
19/09/2013
Mukadesa LUKAČ
11/03/1967
Serbian
Naser EJUPOVIĆ
Novi Pazar
04/10/2004
19/04/2006
30/03/2006
27/12/2005
17/07/2006
10/07/2006
64890/13
19/09/2013
Stojanka SAKOVIĆ
21/10/1949
Serbian
Rodoljub MARINKOVIĆ
Novi Pazar (Sjenica)
19/05/2010
11/07/2011
64937/13
27/09/2013
Mila ŠUŠKO
25/12/1962
Serbian
Slobodan PROTIĆ
Belgrade
24/12/2007
18/07/2011
65006/13
27/09/2013
Evica NIKOLIĆ
17/06/1966
Serbian
Slobodan PROTIĆ
Belgrade
24/12/2007
18/07/2011
69176/13
09/09/2013
Sadeta NURKOVIĆ
03/02/1966
Serbian
Ramiza ĐAKOVAC
Novi Pazar
02/12/2003
10/06/2004
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