THIRD SECTION
DECISION
Application no. 15178/19
Đura FRANK and Ivan FRANK against Serbia
and 7 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 6 February 2025 as a Committee composed of:
Oddný Mjöll Arnardóttir, President,
Úna Ní Raifeartaigh,
Mateja Đurović, 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 and their representatives is set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of constitutional proceedings 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 payment 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 6 March 2025.
Viktoriya Maradudina Oddný Mjöll Arnardóttir
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(excessive length of constitutional proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth/
registration
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
per applicant/household
(in euros)[1]2
Amount awarded for costs and expenses per application
(in euros)3
15178/19
14/03/2019
(2 applicants)
Household
Đura FRANK
1970
Ivan FRANK
1964
Reljić Miroslav
Belgrade
03/09/2024
05/08/2024
1,800
250
28200/21
25/05/2021
Dragan ERČIĆ
1968
/
03/09/2024
18/10/2024
1,200
/
38980/22
22/07/2022
(3 applicants)
Murat LEKPEK
1958
Sabit ARIFOVIĆ
1945
Hazir KOCA
1951
Jolović Nemanja
Belgrade
03/09/2024
25/09/2024
1,200
250
21535/23
19/05/2023
Steva RADOSAVLJEVIĆ
1975
Pavlović Mihailo
Belgrade
03/09/2024
21/06/2024
1,200
250
26199/23
09/06/2023
(5 applicants)
Household
Marija MILANOVIĆ
1995
Aleksandra MILANOVIĆ
1997
Ivana MILANOVIĆ
2000
Dragana MILANOVIĆ
1967
Miloš MILANOVIĆ
2003
/
03/09/2024
12/12/2024
1,500
/
942/24
22/12/2023
VIJ-KOM DOO
1992
Arambašić Stevan
Novi Sad
03/09/2024
10/09/2024
4,200
250
1656/24
25/12/2023
Dragoslav MITIĆ
1969
Gluščević Maja
Niš
03/09/2024
02/10/2024
1,500
250
4640/24
29/01/2024
Draginja SAVIĆ
1943
Arsić Milunka
Požega
03/09/2024
21/06/2024
1,800
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.