SECOND SECTION
DECISION
Application no. 47324/08
Milan GOGIĆ against Serbia
and 8 other applications
(see list appended)
The European Court of Human Rights (Second Section), sitting on 19 June 2012 as a committee composed of:
András Sajó, President,
Dragoljub Popović,
Paulo Pinto de Albuquerque, judges,
and Françoise Elens-Passos, Deputy Section Registrar,
Having regard to the above applications lodged between 22 September 2008 and 2 December 2009,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
PROCEDURE
All of the applicants are Serbian nationals (for additional personal details see the appended table). The applicants in cases nos. 13989/09, 15709/09 and 50213/09 were represented before the Court by Mr S. Gajić, a lawyer practising in Belgrade. The applicants in cases nos. 14221/09, 66875/09 and 66881/09 were represented before the Court by Ms Š. Dolovac while the applicant in case no. 57286/11 was represented before the Court by Ms R. Garibović. Both lawyers are practising in Novi Pazar. The applicant in case no. 47324/08 did not have a representative before the Court. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
Relying on various Articles of the Convention, the applicants complained about the respondent State’s failure to fully enforce final court decisions rendered in their favour against different socially/State-owned companies. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 8 November 2011 and 27 February 2012 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 the amounts specified in the appended table to cover any non-pecuniary damage as well as costs and expenses, which will be converted into local currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. These sums will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, 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 will pay, from their own funds, the sums awarded in the domestic decisions under consideration in the present case (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 pursuant to Article 39 of the Convention.
For these reasons, the Court unanimously
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Françoise Elens-PassosAndrás Sajó Deputy Registrar President
APPENDIX
No.
Application
no.
Lodged on
Applicant name
date of birth
place of residence
Final domestic decision (issuing authority / case no., adopted on)
Company name and seat
Enforcement order (enforcement authority, case no. date of order)
Friendly settlement amount
47324/08
22/09/2008
Milan GOGIĆ
16/12/1951
Kragujevac
Municipal Court in Kragujevac
2P-XXVI-7/97 of 7 May 2002
DP IM “Crvena Zvezda”, Kragujevac
Enforcement requested in the insolvency proceedings
(potraživanje prijavljeno u stečajnom postupku)
Commercial Court in Kragujevac (I St. 1079/02 of 25/08/2003)
6,200 euros
60896/08
08/12/2008
Mejrema ŠERIFOVIĆ
01/09/1953
Novi Pazar
1. Municipal Court in Novi Pazar
P1. 496/04 of 28 September 2004
2. Municipal Court in Novi Pazar
P1.1187/04 of 23 December 2004
“Pamučna predionica”, DOO Novi Pazar
1. Municipal Court in Novi Pazar
I. 235/05 of 29/08/2005
2. Municipal Court in Novi Pazar
I. 980/05 of 26/09/2005
3,600 euros
13989/09
24/02/2009
Radoslav RISTIĆ
23/07/1965
Beograd
II Municipal Court in Belgrade
XIII-P. 2152/04 of 29 October 2004
Ivan Milutinović - PIM AD, Beograd
IV Municipal Court in Belgrade
XIV-61/05 of 21 January 2005
4,400 euros
14221/09
23/02/2009
Božana PUZOVIĆ
08/09/1967
Novi Pazar
1. Municipal Court in Novi Pazar
P1. 1188/06 of 09 July 2007
2. Municipal Court in Novi Pazar
P1. 1192/06 of 23 November 2007
“Raška” Holding Kompanija AD, Novi Pazar
Municipal Court in Novi Pazar
1. I. 1614/07 of 11/10/2007
2. I. 10/08 of 14 /01/2008
3,600 euros
15709/09
06/03/2009
Srboljub STAMENKOVIĆ
15/05/1962
Beograd
II Municipal Court in Belgrade
XXX-P. 2441/2003 of 08 September 2003
Ivan Milutinović - PIM AD, Beograd
IV Municipal Court in Belgrade
I-VIII-1131/03 of 15/12/2003
4,400 euros
50213/09
08/09/2009
Stevan SUŠIĆ
20/02/1955
Ostružnica
II Municipal Court in Belgrade
XXVII. P. 945/08 of 10 March 2008 and 11 July 2008 (decision on costs)
Ivan Milutinović - PIM AD, Beograd
IV Municipal Court in Belgrade
XIV-I-14605/08 of 25/12/2008
The applicant’s enforcement request of 31/08/2008 was dismissed due to the restructuring of the company
3,720 euros
66875/09
02/12/2009
Gvozdena SEKULIĆ
06/04/1952
Novi Pazar
Municipal Court in Novi Pazar
P1. 379/07 of 9 July 2007
“Raška” “Pamučna predionica”, DOO, Novi Pazar
Municipal Court in Novi Pazar
I-1859/07 of 12/12/2007
3,600 euros
66881/09
02/12/2009
Milanka ŠARAC
04/07/1952
Novi Pazar
1. Municipal Court in Novi Pazar
P1. 905/04 of 27 September 2004
2. Municipal Court in Novi Pazar
P1. 1153/06 of 10 April 2007
“Raška” –Viskozna predionica, Novi Pazar
1. Municipal Court in Novi Pazar
I. 335/05 of 23/06/2005
1. Municipal Court in Novi Pazar
I. 1166/07 of 31/05/2007
3,600 euros
57286/11
20/08/2009
Šeha IMAMOVIĆ
11/10/1956
Novi Pazar
Municipal Court in Novi Pazar
1. P1. 1214/98 of 12 November 1998
2. P1. 170 /03 of 20 February 2004
3. P1 738/06 of 10 May 2006
“Raška” “Holding Kompanija”, Novi Pazar,
Municipal Court in Novi Pazar
1. I. 566/04 of 28/06/2004
2. I. 1013/05 of 26/09/2005
3. I. 1221/07 of 04/06/2007
2,600 euros
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