THIRD SECTION
DECISION
Application no. 1479/13
Hasiba GANIĆ against Serbia
and 9 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 13 December 2012 and 27 April 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 and other relevant details are set out in the appended table. 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 socially/State-owned companies. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 18 September 2013 and 4 December 2013 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. and date of introduction
Applicant name
date of birth
place of residence
nationality
Represented by
Final domestic decision details
Enforcement order details
1479/13
13/12/2012
Hasiba GANIĆ
02/11/1964
Serbian
Rodoljub MARINKOVIĆ
Municipal Court (Opstinski sud) in Novi Pazar P1.102/08 of 5 November 2008
Court of First Instance (Osnovni sud) in Nov Pazar 19.I.1011/2011 of 29 June 2011
1531/13
13/12/2012
Rada BELIĆ
22/12/1958
Serbian
Rodoljub MARINKOVIĆ
Municipal Court (Opstinski sud) in Novi Pazar P1.375/04 of 9 September 2004
Municipal Court (Opstinski sud) in Novi Pazar I.br.705/2006 of 22 May 2006
1908/13
18/12/2012
Dragica DAČOVIĆ
02/01/1968
Serbian
Dačović NEMANJA
09/10/1990
Novi Pazar
Dačović FILIP
26/02/1993
Novi Pazar
Rodoljub MARINKOVIĆ
The Court of First Instance (Osnovni sud) in Novi Pazar 13.P1.br.295/10 of 17 February 2010.
The Court of First Instance (Osnovni sud) in Novi Pazar 20.I.1230/2011 of 11 July 2011
13046/13*
11/02/2013
Zumreta DŽANKOVIĆ
29/07/1961
Serbian
Rodoljub MARINKOVIĆ
Municipal Court (Opstinski sud) in Novi Pazar P1.br.397/04 of 22 September 2004
Municipal Court (Opstinski sud) in Novi Pazar I.br.688/2006 of 24 May 2006
15179/13
18/02/2013
Vahida HANUŠA
22/10/1956
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court (Opstinski sud) in Novi Pazar P1.br.381/04 of 9 June 2004
2. Court of first Instance (Osnovni sud) in Novi Pazar 14 P1.348/11 of 2 November 2011
1. Municipal Court (Opstinski sud) in Novi Pazar I.br.849/04 of 29 October 2004
2. Court of First Instance (Osnovni sud) in Novi Pazar 19 I.br.2533/11 of 17 January 2012
16870/13
01/03/2013
Milomirka ŽIVANIĆ
17/03/1956
Serbian
Rodoljub MARINKOVIĆ
Court of First Instance (Osnovni sud) in Novi Pazar 10-P.1.br.1151/10 of 12 January 2011
Court of First Instance (Osnovni sud) in Novi Pazar 19-I.br.2125/11 of 25 November 2011
17687/13
23/02/2013
Esad AZEMI
18/07/1956
Serbian
Rodoljub MARINKOVIĆ
Court of First Instance (Osnovni sud) in Novi Pazar 21-P.1-br.317/11 of 2 September 2011
Court of First Instance (Osnovni sud) in Novi Pazar 20-I.br.2052/11 of 21 November 2011
21556/13*
15/03/2013
Bosa AKSOVIĆ
30/04/1954
Serbian
Rodoljub MARINKOVIĆ
Municipal Court (Opstinski sud) in Novi Pazar P1.br.399/04 of 9 June 2006
Municipal Court (Opstinski sud) in Novi Pazar I.br.1537/2007 of 24 September 2007
21628/13*
16/03/2013
Mirsada NIKŠIĆ
11/04/1967
Serbian
Rodoljub MARINKOVIĆ
Municipal Court (Opstinski sud) in Novi Pazar P1.br.659/08 of 27 May 2009
Court of First Instance (Osnovni sud) in Novi Pazar 19-I.br.2239/2011 of 8 December 2011
31350/13
27/04/2013
Zinka DŽANKOVIĆ
15/02/1965
Serbian
Rodoljub MARINKOVIĆ
Municipal Court (Opstinski sud) in Novi Pazar P1.br.62/08 of 5 May 2008.
Court of First Instance in Novi Pazar 20.I.br.1022/2011 of 29 June 2011
Full & Egal Universal Law Academy