THIRD SECTION
DECISION
Application no. 48250/13
Remka GLUHAVIČANIN HANIĆ against Serbia
and 9 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 10 June 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 27 May 2013 and 9 September 2013,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
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 22 October 2013 and 1 April 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 settlements reached between the parties. It is satisfied that the settlements are 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
nationality
Represented by
Final domestic decision details
(the seat of the relevant court and the date of the decision)
The date of the enforcement order
48250/13
27/05/2013
Remka GLUHAVIČANIN HANIĆ
03/03/1959
Serbian
Ramiza ĐAKOVAC
Novi Pazar
1. 23/01/2002
2. 1/02/2002
25/03/2002
54523/13
15/08/2013
Sabina KONIČANIN
05/07/1973
Macedonian, Serbian
Naser EJUPOVIĆ
Novi Pazar
1. 04/12/2003
2. 13/09/2005
3. 12/09/2006
The applicant’s late husband obtained the above judgments. The applicant inherited 1/3 of those claims (the Novi Pazar Court of First Instance’s decision no. 20 O. 817/12 of 05/09/2012)
1. 19/05/2004
2. 14/02/2006
3. 06/07/2007
56312/13
29/08/2013
Radosav ILIĆ
12/10/1951
Serbian
Nataša MIJALJEVIĆ
Novi Pazar
12/12/2007
15/06/2011
56641/13
05/08/2013
Remka MURIĆ
16/02/1954
Serbian
Refija GARIBOVIĆ
Novi Pazar
1. 18/02/2005
2. 31/10/2005
3. 14/03/2007
1. 26/09/2005
2. 14/02/2006
3. 10/08/2007
57495/13
03/09/2013
Muamera SINANOVIĆ
30/10/1960
Serbian
Rodoljub MARINKOVIĆ
Novi Pazar
22/04/2008
24/06/2011
57539/13
02/09/2013
Fadil DOLOVAC
07/01/1956
Serbian
Refija GARIBOVIĆ
Tutin
26/06/2006
14/11/2007
57541/13
02/09/2013
Harun ČALAKOVIĆ
06/10/1952
Serbian
Refija GARIBOVIĆ
Tutin
26/06/2006
31/10/2007
57721/13
02/09/2013
Metko PUŠIĆ
06/03/1955
Serbian
Refija GARIBOVIĆ
Tutin
04/07/2006
14/11/2007
58172/13
03/09/2013
Enisa LUKIĆ HADŽIBULIĆ
24/08/1963
Serbian
Ramiza PALJEVAC EMROVIĆ
Novi Pazar
10/06/2003
16/09/2003
58190/13
29/08/2013
Nusret BEJTOVIĆ
21/09/1957
Serbian
Nataša MIJALJEVIĆ
Tutin
26/06/2006
14/11/2007
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