THIRD SECTION
DECISION
Application no. 66622/12
Vukosava DOBRIĆ against Serbia
and 12 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 23 September 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 11 October 2012 and 24 April 2013,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants’ personal and other relevant details are set out in the appended table. They were represented by Mr N. Ejupović, a lawyer practicing in Novi Pazar. 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 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 14 October 2012 and 4 December 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 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
APPENDIX
No.
Application no date of introduction
Applicant name
date of birth
nationality
Final domestic decision details
Enforcement order details
1.
66622/12
11/10/2012
Vukosava DOBRIĆ
01/10/1954
Serbian
Municipal Court in Novi Pazar
1. 30 June 2004
2. 9 July 2007
Municipal Court in Novi Pazar
1. 6 August 2004
2. 22 October 2007
2.
70508/12
24/10/2012
Pero GLIŠOVIĆ
04/11/1954
Serbian
Court of First Instance in Novi Pazar
1. 2 August 2010
Court of First Instance in Novi Pazar
1. 31 May 2011
3.
70510/12
24/10/2012
Adem DINOVIĆ
24/03/1950
Serbian
Municipal Court in Novi Pazar
1. 4 March 2004
2. 12 September 2006
Court of First Instance in Novi Pazar
1. 6 July 2011
Court of First Instance in Novi Pazar
1. 22 August 2011
2. 16 December 2011
3. 19 December 2011
4.
70511/12
24/10/2012
Enisa DINOVIĆ
24/03/1962
Serbian
Municipal Court in Novi Pazar
1. 30 January 2004
2. 30 March 2006
3. 29 November 2006
Court of First Instance in Novi Pazar
1. 16 December 2011
2. 16 December 2011
3. 19 December 2011
5.
70512/12
24/10/2012
Sabaheta KAHRIMANOVIĆ
06/03/1958
Serbian
Municipal Court in Novi Pazar
1. 4 March 2004
Court of First Instance in Novi Pazar
1. 16 December 2011
6.
79057/12
05/12/2012
Kimeta BIŠEVAĆ
05/11/1967
Serbian
Municipal court of Novi Pazar
1. 10 September 2008
Municipal Court in Novi Pazar
1. 7 April 2010
7.
79464/12
06/12/2012
Suzana MUHOVIĆ
31/03/1960
Serbian
Municipal Court in Novi Pazar
1. 27 July 2006
Municipal Court in Novi Pazar
1. 27 February 2007
8.
2535/13
27/12/2012
Džemila
GICIĆ GRAČANIN
07/04/1952
Serbian
Municipal Court in Novi Pazar
1. 6 April 2005
Municipal Court in Novi Pazar
1. 27 December 2005
9.
5965/13
15/01/2013
Binasa HADŽIBULIĆ
11/06/1964
Serbian
Municipal Court in Novi Pazar
1. 28 August 2006
Municipal Court in Novi Pazar
1. 29 March 2007
10.
26808/13
03/04/2013
Uljfeta MEMIĆ
05/07/1949
Serbian
Municipal Court in Novi Pazar
1. 9 December 1997
2. 26 October 2004
Municipal Court in Novi Pazar
1. 17 June 1998
2. 27 December 2005
11.
27374/13
04/03/2013
Hanifa LUKAČ
01/12/1950
Serbian
Municipal Court in Novi Pazar
1. 24 September 2004
2. 30 November 2006
3. 15 May 2007
Municipal Court in Novi Pazar
1. 30 January 2006
2. 31 May 2007
3. 16 July 2007
No.
Application no date of introduction
Applicant name
date of birth
nationality
Final domestic decision details
Enforcement order details
12.
29161/13
05/04/2013
Džemka IHTIMANOVIĆ
03/01/1964
Serbian
Municipal Court in Novi Pazar
1. 31 August 2006
Municipal Court in Novi Pazar
1. 16 February 2007
13.
31314/13
24/04/2013
Dobrila KOVAČEVIĆ
15/08/1956
Serbian
Municipal Court in Novi Pazar
1. 27 July 2006
2. 4 October 2004
Municipal Court in Novi Pazar
1. 5 January 2006
2. 29 September 2006
Full & Egal Universal Law Academy