SECOND SECTION
DECISION
Application no. 34582/20
Boban GAJIĆ against Serbia
and 14 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 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 M. Zeković, a lawyer practising in Belgrade.
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 or delayed 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
34582/20
30/07/2020
Boban GAJIĆ
1981
18/10/2021
28/07/2021
1,000
250
34587/20
30/07/2020
Željko LUKIĆ
1979
18/10/2021
03/08/2021
1,000
250
34593/20
30/07/2020
Svetislav PETKOVIĆ
1956
18/10/2021
26/08/2021
1,000
250
34613/20
30/07/2020
Jasmina MILETIĆ
1966
18/10/2021
30/07/2021
1,000
250
34614/20
30/07/2020
Petar JANKOVIĆ
1966
18/10/2021
03/08/2021
1,000
250
34618/20
30/07/2020
Predrag FILIPOVIĆ
1979
18/10/2021
26/08/2021
1,000
250
34623/20
30/07/2020
Vujica MILOJEVIĆ
1960
18/10/2021
30/07/2021
1,000
250
34624/20
30/07/2020
Svetlana ĐOKOVIĆ
1960
18/10/2021
04/08/2021
1,000
250
34627/20
30/07/2020
Đoko RADOJEVIĆ
1952
18/10/2021
11/08/2021
1,000
250
40474/20
01/09/2020
Gordana BERANOVIĆ
1967
18/10/2021
25/09/2021
1,000
250
40496/20
01/09/2020
Predrag ALAVANJA
1977
18/10/2021
25/09/2021
1,000
250
40503/20
01/09/2020
Dobrila VUČINOVIĆ
1958
18/10/2021
26/08/2021
1,000
250
40504/20
01/09/2020
Radmila SIMIĆ
1959
18/10/2021
26/08/2021
1,000
250
44309/20
01/09/2020
Jasminka JOVANOVIĆ
1961
18/10/2021
25/09/2021
1,000
250
44463/20
01/09/2020
Nenad PRODANOVIĆ
1953
18/10/2021
26/08/2021
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.