SECOND SECTION
DECISION
Applications nos. 46494/09 and 25443/11
Naza GRIŠEVIĆ against Serbia
and Ismeta PEPIĆ against Serbia
The European Court of Human Rights (Second Section), sitting on 21 May 2013 as a Committee composed of:
Paulo Pinto de Albuquerque President,
Dragoljub Popović,
Helen Keller, judges,
and, Françoise Elens-Passos Acting Deputy Section Registrar,
Having regard to the above applications lodged on 18 August 2009 and 9 March 2011 respectively,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
Both applicants are Serbian nationals (for additional personal details see the appended table). They were represented before the Court by Ms Ramiza Paljevac-Emrović, a lawyer practising in Novi Pazar.
The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
Relying on Article 6 and Article 1 of Protocol No. 1 to the Convention, the applicants complained about the respondent State’s failure to enforce final court decisions rendered in their favour against the same “socially/state-owned” company − “Fabrika za proizvodnju konfekcije i trikotaže Raška” from Novi Pazar. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
On 26 December 2012 and 4 March 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 4,800 (four thousand eight hundred) euros to Ms Naza Grišević and 1,700 (one thousand seven hundred) euros to Ms Ismeta Pepić, 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 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 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-Passos Paulo Pinto de Albuquerque
Acting 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
46494/09
18/08/2009
Naza GRIŠEVIĆ
06/09/1967
Novi Pazar
Serbian
Ramiza PALJEVAC-EMROVIĆ
Municipal Court in Novi Pazar, P1.br.272/07 of 12 April 2007
Municipal Court in Novi Pazar, I.br.1144/07 of 11 October 2007 (accepted the applicant’s enforcement request of 22 May 2007)
25443/11
09/03/2011
Ismeta PEPIĆ
03/12/1970
Novi Pazar
Serbian
Ramiza PALJEVAC-EMROVIĆ
Municipal Court in Novi Pazar P1.br.1143/10 of 3 November 2010
Municipal Court in Novi Pazar
I.4623/10 of 8 December 2010 (accepted the applicant’s enforcement request of 6 December 2010)
Full & Egal Universal Law Academy