THIRD SECTION
DECISION
Application no. 43275/13
Sanija HAJDARAGIĆ against Serbia
and 11 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 10 June 2013 and 29 June 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 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 5 October 2013 and 27 November 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 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
place of residence
nationality
Represented by
Final domestic decision details s
Enforcement order details
43275/13
10/06/2013
Sanija HAJDARAGIĆ
12/06/1964
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
1. P1. No. 107/09 of 24 April 2009
First Instance Court in Novi Pazar
1. I. No. 2041/11 of 18 November 2011
46089/13
24/05/2013
Hajrija TURKOVIĆ HUSIĆ
29/05/1968
Serbian
Emir FETAHOVIĆ
Municipal Court in Novi Pazar
1. P.1. 174/03 from 11/12/2003
2. P.1. 239/05 from 14/12/2005
3. P.1. 588/06 from 26/06/2006
Municipal Court in Novi Pazar
1. I. 77/04 from 25/02/2004
2. I. 1514/06 from 17/11/2006
3. I. 1144/06 from 24/08/2006
46134/13
24/05/2013
Zineta BATKIĆ ALJOVIĆ
16/11/1963
Serbian
Emir FETAHOVIĆ
Municipal Court in Novi Pazar
1. P.1. 463/04 from 30/06/2004
2. P.1. 477/05 from 05/10/2005
3. P.1. 750/06 from 23/06/2006
Municipal Court in Novi Pazar
1. I. 1083/04 from 27/12/2004
2. I. 520/06 from 15/05/2006
3. I. 1154/06 from 15/09/2006
46167/13
27/05/2013
Muradija GOŠEVAC HAMIDOVIĆ
02/09/1968
Serbian
Emir FETAHOVIĆ
Municipal Court in Novi Pazar
1. P.1. 217/04 from 22/03/2005
2. P.1. 355/05 from 30/09/2005
3. P.1. 669/06 from 06/03/2007
Municipal Court in Novi Pazar
1. I. 126/06 from 14/02/2006
2. I. 131/06 from 14/02/2006
3. I. 632/07 from 10/04/2007
47262/13
18/06/2013
Sabaheta DERDEMEZ
25/04/1959
Serbian
Hasim KLIMENTA
Municipal Court in Tutin
1. P. 320/02 from 27/11/2002
Municipal Court in Novi Pazar
1. I. 925/02 from 27/01/2003
47406/13
20/05/2013
Mujesira HUJEVIĆ
06/05/1963
Serbian
Emir FETAHOVIĆ
District Court Novi Pazar
1. GZ. 446/05 form 22/08/2005
Municipal Court in Novi Pazar
1. P.1. 1132/04 from 22/11/2004
2. P.1. 472/06 from 11/09/2006
3. P.1. 209/07 from 09/07/2007
Municipal Court in Novi Pazar
1. I. 1861/05 from 27/12/2005
2. I. 222/07 from 12/03/2007
3. 1969/07 from 10/12/2007
47410/13
20/05/2013
Ahmed UGLJANIN
10/10/1955
Serbian
Emir FETAHOVIĆ
Municipal Court in Novi Pazar
1. P.1. 358/04 from 08/06/2004
2. P.1. 523/05 from 03/03/2006
Municipal Court in Novi Pazar
1. I. 857/04 from 25/10/2004
2. I. 442/06 from 10/05/2006
47555/13
18/06/2013
Ajkuna ČALAKOVIĆ
16/06/1966
Serbian
Hasim KLIMENTA
Municipal Court in Tutin
1. P. 320/02 from 27/11/2002
Municipal Court in Novi Pazar
1. I. 925/02 from 27/01/2003
48041/13
10/05/2013
Mersada ALIĆ
15/02/1968
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
1. P.1. 488/08 from 08/09/2008
Basic Court in Novi Pazar
1. I. 979/11 from 24/06/2011
48359/13
04/06/2013
Gorica STOJANOVIĆ
23/04/1958
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
1. P.1. 378/10 from 22/03/2010
Basic Court in Novi Pazar
1. I. 2124/11 from 25/11/2011
48361/13
07/06/2013
Šefćet KONIČANIN
04/12/1961
Serbian
Naser EJUPOVIĆ
Municipal Court in Novi Pazar
1. P.1. 179/03 from 10/07/2003
2. P.1. 590/06 from 12/09/2006
Municipal Court in Novi Pazar
1. I. 757/03 from 24/09/2003
2. I. 1246/07 from 08/06/2007
49885/13
29/06/2013
Radojla NIKOLIĆ
28/01/1955
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
1. P. 61/09 from 07/05/2008
Basic Court in Novi Pazar
I. 964/11 from 23/06/2011
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