THIRD SECTION
DECISION
Application no. 52954/12
Sabaheta HUSOVIĆ PLJAKIĆ against Serbia
and 3 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 15 April 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 9 August 2012 and 1 April 2013,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
THE FACTS AND PROCEDURE
The applicants’ personal details are set out in the appended table. They were all represented by Ms R. Paljevac-Emrović, a lawyer practising in Novi Pazar. The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.
Relying on Articles 6 and 13 of the Convention 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 socially/State-owned companies. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 30 September 2013 and 10 December 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 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
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
Final domestic decision details
Enforcement order details
52954/12
09/08/2012
Sabaheta HUSOVIĆ PLJAKIĆ
09/06/1958
Serbian
The Municipal Court in Novi Pazar
1. P1.no.270/04 of 12 May 2004
2. P1.no.388/05 of 30 September 2005
The Municipal Court in Novi Pazar
1. I.no.716/04 of 6 October 2004
2. I.no.101/06 14 February 2006
8217/13
18/01/2013
Danica KOMARAC
06/04/1968
Serbian
The Municipal Court in Novi Pazar
P1.no.647/04 of 17 March 2005
The Municipal Court in Novi Pazar
I.no.1818/07 of 2 November 2007
8645/13
18/01/2013
Julija KOMARAC
05/01/1973
Serbian
The Municipal Court (Opštinski sud) in Novi Pazar
P1.no.647/04 of 17 March 2005
The Municipal Court in Novi Pazar
I.no.1817/07 of 28 November 2007
27885/13
01/04/2013
Sabaheta MEHOVIĆ HODŽIĆ
16/01/1965
Serbian
The Municipal Court in Novi Pazar
P1.no.113/03 of 18 April 2003
The Municipal Court in Novi Pazar
I.no.793/03 of 24 September 2003
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