SECOND SECTION
DECISION
Application no. 29067/21
Vladimir GRUJIĆ against Serbia
and 19 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 6 October 2022 as a Committee composed of:
Jovan Ilievski, President,
Gilberto Felici,
Diana Sârcu, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the date 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 S. Aleksić, a lawyer practising in Niš.
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”).
Following the death of the applicant, Dragan Radosavljević (application no. 33796/21), his heir, Dragana Radosavljević, declared her wish to pursue the application in his stead. The Government did not object. Having regard to its well-established case-law in this respect (see Malhous v. the Czech Republic (dec.) [GC], no. 33071/96, ECHR 2000-XII, and Murray v. the Netherlands [GC], no. 10511/10, § 79, ECHR 2016, with further references), the Court accepts that Mrs Dragana Radosavljević has standing to pursue the application on behalf of late Dragan Radosavljević.
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 that Mrs Dragana Radosavljević, the heir of the late applicant, Mr Dragan Radosavljević (application no. 33796/21), has locus standi in the proceedings;
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 27 October 2022.
Viktoriya Maradudina Jovan Ilievski
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 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
29067/21
25/05/2021
Vladimir GRUJIĆ
1965
15/06/2022
01/08/2022
1,000
250
33555/21
26/06/2021
Nataša DABIĆ
1981
15/06/2022
01/08/2022
1,000
250
33734/21
25/06/2021
Verica STEVANOVIĆ
1953
15/06/2022
01/08/2022
1,000
250
33739/21
25/06/2021
Branko MARKOVIĆ
1966
15/06/2022
01/08/2022
1,000
250
33784/21
25/06/2021
Goran MILENKOVIĆ
1976
15/06/2022
01/08/2022
1,000
250
33785/21
25/06/2021
Marko DAKIĆ
1985
15/06/2022
01/08/2022
1,000
250
33786/21
25/06/2021
Miroljub PRVULOVIĆ
1963
15/06/2022
01/08/2022
1,000
250
33789/21
25/06/2021
Gradimir TRAJKOVIĆ
1975
15/06/2022
01/08/2022
1,000
250
33793/21
25/06/2021
Marina MILOŠ
1966
15/06/2022
01/08/2022
1,000
250
33796/21
25/06/2021
Dragan RADOSAVLJEVIĆ
Year of birth: 1953
Date of death: 24/06/2022
Pursued by heir:
Dragana Radosavljević
1957
15/06/2022
14/09/2022
1,000,
to be paid to Mrs Dragana Radosavljević
250
33797/21
25/06/2021
Novica NIKOLIĆ
1971
15/06/2022
01/08/2022
1,000
250
33800/21
25/06/2021
Dragan PANTIĆ
1960
15/06/2022
01/08/2022
1,000
250
34140/21
25/06/2021
Danijela TEMELJKOVIĆ
1968
15/06/2022
01/08/2022
1,000
250
34144/21
25/06/2021
Milica ĐURIĆ
1961
15/06/2022
01/08/2022
1,000
250
34149/21
25/06/2021
Ljubiša ĐURIĆ
1957
15/06/2022
01/08/2022
1,000
250
34153/21
25/06/2021
Mileta BLAGOJEVIĆ
1960
15/06/2022
01/08/2022
1,000
250
34160/21
25/06/2021
Malina TRAJKOVIĆ
1967
15/06/2022
01/08/2022
1,000
250
34189/21
25/06/2021
Dragica MITROVIĆ
1959
15/06/2022
01/08/2022
1,000
250
34191/21
25/06/2021
Borivoje VELIČKOVIĆ
1953
15/06/2022
01/08/2022
1,000
250
34194/21
25/06/2021
Zvonko DIMITRIJEVIĆ
1959
15/06/2022
01/08/2022
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.