THIRD SECTION
DECISION
Application no. 6249/11
Vasko EFTIMOV against Serbia
and 11 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 2 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 14 January 2011 and 25 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 details are set out in the appended table. The Serbian Government ("the Government") were represented by their Agent, Ms V. Rodić.
Relying on Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 to 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 6 January and 10 June 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 public policy reasons to justify a continued examination of the applications (Article 37 § 1 in fine of the Convention).
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. and date of introduction
Applicant name
date of birth
nationality
Represented by
Final domestic decision details
Enforcement order/request details
6249/11
14/01/2011
Vasko EFTIMOV
25/02/1946
Serbian
Zdravka GAGULSKA
Vranje
09/05/2007
Vranje
24/10/2007
24160/11
08/03/2011
AUTOPREVOZNIČKA RADNJA BOROGIĆ SINIŠE
Serbian
Milorad BOJČEVIĆ
Zaječar
13/01/2005 and 25/05/2006
12/02/2008
40655/11
27/06/2011
MILEX
Serbian
Marija RADOVANOVIĆ PAVLOVIĆ
Požarevac
24/12/2002
Požarevac
25/07/2003
6546/12
14/12/2011
Miloš RADOVANOVIĆ
08/12/1959
Serbian
Šabac
16/10/2006
Šabac
03/04/2007
8230/12
05/12/2011
Ljubiša PEJOVIĆ
27/01/1947
Serbian
Šabac
20/10/2006
Šabac
12/04/2007
21330/12
02/04/2012
Tadija ŠOBIĆ
20/02/1954
Serbian
Šabac
04/06/2004
24/10/2005
Šabac
10/04/2007
02/04/2007
21647/12
04/04/2012
Božo MAROVIĆ
16/02/1956
Serbian
Šabac
04/06/2004
18/12/2008
28/06/2006
25/12/2009
26226/12
28/03/2012
Vojislav ORLANDIĆ
25/02/1932
Serbian
Belgrade
14/09/1998
23/03/1999
31/10/2002
Belgrade
27/02/2001
03/03/2004
26238/12
26/03/2012
Miloš MARKOVIĆ
27/07/1952
Serbian
Šabac
18/08/2006
Šabac
29/03/2007
32745/12
23/04/2012
Darinka ĐORĐEVIĆ
07/09/1956
Serbian
Šabac
25/02/2005
21/10/2005
Šabac
09/02/2007
09/02/2007
33268/12
30/04/2012
Voja KUNAICA
15/10/1954
Serbian
Šabac
12/12/2006
Šabac
03/04/2007
63101/13
25/09/2013
Ljubomir Daković
15/10/1950
Serbian
Slobodan and Miloš PROTIĆ
Belgrade
11/12/2006
Belgrade
29/09/2008
Full & Egal Universal Law Academy