SECOND SECTION
DECISION
Application no. 18462/20
Steva DODIĆ against Serbia
and 17 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 10 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 observations submitted by the respondent Government and the observations in reply submitted by the applicants,
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 Srđan Stajić, a lawyer practising in Lebane.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement or delayed enforcement of domestic decisions given against socially/State-owned companies were communicated to the Serbian Government (“the Government”) on 25 March 2021.
THE LAW
Joinder of the applicationsHaving regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
Complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 (non-enforcement or delayed enforcement of domestic decisions given against socially/State-owned companies)The Government submitted that the final domestic decisions in the applicants’ favour had been enforced. They therefore suggested that the Court reject the applications as an abuse of the right of individual application in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
The applicants did not dispute that fact but considered it irrelevant.
The Court reiterates that an application may be rejected as an abuse of the right of individual application within the meaning of Article 35 § 3 (a) of the Convention if, among other reasons, it was knowingly based on false information or if significant information and documents were deliberately omitted, either where they were known from the outset or where new significant developments occurred during the proceedings. Incomplete and therefore misleading information may amount to an abuse of the right of application, especially if the information in question concerns the very core of the case and no sufficient explanation is given for the failure to disclose that information (see Gross v. Switzerland [GC], no. 67810/10, § 28, ECHR 2014; S.A.S. v. France [GC], no. 43835/11, § 67, ECHR 2014; and Nikolić and Others v. Serbia (dec.) [Committee], nos. 48162/18 and 8 others, 21 January 2021).
Turning to the present case, the Court observes that between 27 February and 21 October 2020 the sums awarded in the domestic decisions at issue were fully paid by the State in accordance with domestic law (see Stevanović and Others v. Serbia, nos. 43815/17 and 15 others, § 17, 27 August 2019). The applicants did not inform the Court about that development before notice of the applications was given to the Government and no explanation for this omission was provided.
Having regard to the fact that the information withheld concerned the very core of the applications, the Court finds that such conduct was contrary to the purpose of the right of individual application. Lawyers must understand that, having due regard to the Court’s duty to examine allegations of human rights violations, they must show a high level of professional prudence and meaningful cooperation with the Court by sparing it the introduction of unmeritorious complaints and, both before proceedings have been instituted and thereafter, they must inquire diligently into all the details of the case, meticulously abide by all the relevant rules of procedure and must urge their clients to do the same. Otherwise, the wilful or negligent misuse of the Court’s resources may undermine the credibility of lawyers’ work in the eyes of the Court and even, if it occurs systematically, may result in particular individual lawyers being banned from representing applicants under Rule 36 § 4 (b) of the Rules of Court (see Stevančević v. Bosnia and Herzegovina (dec.), no. 67618/09, § 29, 10 January 2017).
In view of the above, the Court finds that these applications constitute an abuse of the right of individual application and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 2 December 2021.
{signature_p_2}
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 or delayed enforcement of domestic decisions given against socially/State-owned companies)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Relevant domestic decision
Start date of non-enforcement
End date of non-enforcement period
18462/20
30/04/2020
Steva DODIĆ
1975
Municipal Court in Lebane, 21/04/2005
Municipal Court in Lebane, 03/06/2009
11/09/2007
07/10/2011
03/06/2020
18467/20
30/04/2020
Mile PETKOVIĆ
1968
Municipal Court in Lebane, 06/05/2003
21/11/2005
27/02/2020
18498/20
30/04/2020
Milan STANOJEVIĆ
1962
Municipal Court in Lebane, 06/05/2003
16/04/2010
27/02/2020
18509/20
30/04/2020
Stanimir PETROVIĆ
1947
Commercial Court in Leskovac, 31/01/2002
11/03/2004
27/02/2020
18518/20
30/04/2020
Dejan TODOROVIĆ
1974
Municipal Court in Lebane, 21/04/2005
Municipal Court in Lebane, 03/06/2009
11/09/2007
07/10/2011
03/06/2020
18540/20
30/04/2020
Ivan DIMITRIJEVIĆ
1966
Municipal Court in Lebane, 28/07/2005
Municipal Court in Lebane, 13/02/2006
15/11/2005
16/04/2010
27/02/2020
21673/20
30/04/2020
Velibor JOVIĆ
1967
Municipal Court in Lebane, 23/11/2004
16/04/2010
27/02/2020
21967/20
30/05/2020
Krsta DIMITRIJEVIĆ
1960
Municipal Court in Lebane, 06/05/2003
16/04/2010
27/02/2020
23426/20
10/06/2020
Nataša ZDRAVKOVIĆ
1970
Municipal Court in Lebane, 20/09/2005
Municipal Court in Lebane, 04/08/2006
15/11/2005
16/04/2010
21/10/2020
25227/20
30/05/2020
Slađana STANKOVIĆ
1978
Municipal Court in Lebane, 06/05/2009
26/08/2009
25/05/2020
25451/20
10/06/2020
Dragan TRAJKOVIĆ
1955
Municipal Court in Lebane, 01/12/2005
Municipal Court in Lebane, 28/07/2005
16/04/2010
16/04/2010
21/10/2020
25568/20
10/06/2020
Nenad KOVAČEVIĆ
1962
Commercial Court in Leskovac, 01/04/2004
Municipal Court in Lebane, 27/01/2005
Municipal Court in Lebane, 22/02/2006
15/11/2005
15/11/2005
16/04/2010
21/10/2020
26756/20
30/05/2020
Vesna STOJANOVIĆ
1959
Municipal Court in Lebane, 21/05/2002
26/08/2009
25/05/2020
26817/20
10/06/2020
Mihajlo GOLUBOVIĆ
1949
Municipal Court in Lebane, 17/06/2004
Municipal Court in Lebane, 09/03/2005
Municipal Court in Lebane, 04/08/2006
02/07/2009
02/07/2009
02/07/2009
21/10/2020
26824/20
10/06/2020
Novica NIKOLIĆ
1958
Municipal Court in Lebane, 21/04/2005
11/09/2007
18/06/2020
26886/20
30/05/2020
Jasmina KRSTIĆ
1973
Municipal Court in Lebane, 15/10/2007
26/08/2009
25/05/2020
28964/20
22/05/2020
Violeta PERIĆ
1976
Municipal Court in Lebane, 19/03/2009
26/08/2009
13/07/2020
32131/20
22/05/2020
Branislav - Branko STANKOVIĆ
1949
Municipal Court in Lebane, 15/10/2007
26/08/2009
09/03/2020