SECOND SECTION
DECISION
Application no. 58207/19
Vukadin DINIĆ against Serbia
and 19 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 25 November 2021 as a Committee composed of:
Pauliine Koskelo, President,
Branko Lubarda,
Marko Bošnjak, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Mr S. Aleksić, a lawyer practising in Niš.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement of domestic decisions given against socially/State-owned companies were communicated to the Serbian Government (“the Government”).
The Court received the 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, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the 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 Government also undertake to ensure the enforcement of the domestic decisions under consideration in the cases concerned (see appended table) within the same three-month period, and to pay any costs of the domestic enforcement proceedings.
The payment and the enforcement of the domestic decisions in the cases concerned will constitute the final resolution of the cases.
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.
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 the Protocols thereto 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.
Done in English and notified in writing on 16 December 2021.
Viktoriya Maradudina Pauliine Koskelo
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 of domestic decisions given against socially/State-owned companies)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
per applicant (in euros)[1] [2]
Amount awarded for costs and expenses per application
(in euros)[3]
58207/19
24/10/2019
Vukadin DINIĆ
1950
30/09/2021
15/09/2021
1,000
250
59565/19
01/11/2019
Zorica SIMONOVIĆ
1958
30/09/2021
15/09/2021
1,000
250
63091/19
28/11/2019
Zoran PAVLOVIĆ
1951
30/09/2021
15/09/2021
1,000
250
36424/20
10/08/2020
Milivoje MIRKOVIĆ
1971
30/09/2021
15/09/2021
1,000
250
36427/20
10/08/2020
Miroslav MILIĆ
1954
30/09/2021
15/09/2021
1,000
250
36429/20
10/08/2020
Zorica ĆUKOVIĆ
1966
30/09/2021
13/10/2021
1,000
250
36432/20
10/08/2020
Vesko DONČEV
1960
30/09/2021
15/09/2021
1,000
250
36436/20
10/08/2020
Dejan STOJANOVIĆ
1984
30/09/2021
15/09/2021
1,000
250
37164/20
10/08/2020
Dragan NIKOLIĆ
1965
30/09/2021
15/09/2021
1,000
250
37173/20
10/08/2020
Branko NIKOLIĆ
1952
30/09/2021
15/09/2021
1,000
250
37177/20
10/08/2020
Sanja VASIĆ
1977
30/09/2021
15/09/2021
1,000
250
38568/20
10/08/2020
Ivan LUKIĆ
1975
30/09/2021
15/09/2021
1,000
250
38581/20
10/08/2020
Dragan NIKOLIĆ
1954
30/09/2021
15/09/2021
1,000
250
38588/20
10/08/2020
Gordana ŽIVKOVIĆ
1973
30/09/2021
15/09/2021
1,000
250
38824/20
10/08/2020
Milan DIMITRIJEVIĆ
1960
30/09/2021
15/09/2021
1,000
250
38938/20
10/08/2020
Jasmina PERIĆ
1969
30/09/2021
15/09/2021
1,000
250
38973/20
10/08/2020
Marko STANIMIROVIĆ
1990
30/09/2021
15/09/2021
1,000
250
38982/20
10/08/2020
Boško JOŠIĆ
1961
30/09/2021
15/09/2021
1,000
250
38984/20
10/08/2020
Saša MILENKOVIĆ
1974
30/09/2021
15/09/2021
1,000
250
42545/20
10/08/2020
Zoran STOKIĆ
1957
30/09/2021
15/09/2021
1,000
250
[1] Plus any tax that may be chargeable to the applicants.
[2] Less any amounts which may have already been paid in that regard at the domestic level.
[3] Plus any tax that may be chargeable to the applicants.