SECOND SECTION
DECISION
Application no. 3718/09
Mahija HUSOVIĆ against Serbia
and 5 other applications
(see list appended)
The European Court of Human Rights (Second Section), sitting on 4 September 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 15 December 2008 and 19 September 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. 53129/09, 59461/11, 59466/11 and 59467/11 were represented before the Court by Mr D. Vidosavljević, a lawyer practicing in Leskovac. The applicant in case no. 21878/09 was represented before the Court by Ms B. Župić, a lawyer practising in Novi Pazar. The applicant in case no. 3718/09 did not have 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 12 December 2011 and 18 May 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 RegistrarPresident
Appendix
ITMarkAppendix
No.
Application
no.
and date of introduction
Applicant
name
date of birth
place of residence
Final domestic decision (issuing authority / case no., adopted on)
Company name,
seat,
Enforcement order (enforcement authority, case no. , date of order)
Friendly settlement amount
3718/09
15/12/2008
Mahija HUSOVIĆ
23/03/1964
Novi Pazar
Municipal Court in Novi Pazar
P1. 1129/06 of 5 January 2007
“Raška” Holding Kompanija AD, Novi Pazar
Municipal Court
in Novi Pazar
I. 700/07 of 23/04/2007
5,000 euros
21878/09
02/04/2009
Žikica VELJOVIĆ
18/01/1961
Novi Pazar
1. Municipal Court in Novi Pazar
P1. 520/03 of 8 January 2004
“Raška” Holding Kompanija AD, Novi Pazar
1. Municipal Court in Novi Pazar
I. 52/04 of 26 February 2004
3,000 euros
53129/09
19/09/2009
Bojana DIMITRIJEVIĆ
03/10/1953
Vlasotince
1. Municipal Court in Vlasotince
P. 1384/04 of 5 February 2004
2. Municipal Court in Vlasotince
P. 1256/04 of 21 September 2004
D.P. Sinteks, Vlasotince
1. Municipal Court in Vlasotince
I. 601/04 of 22/03/2004
2. Municipal Court in Vlasotince
I. 31/05 of 28/12/2004
2, 800 euros
59461/11
19/09/2009
Ljiljana MLADENOVIĆ
05/12/1967
Vlasotince
1. Municipal Court in Vlasotince
P.13/04 of 11 February 2004
2. Municipal Court in Vlasotince
P.1257/04 of 16 November 2004
D.P. Sinteks, Vlasotince
1. Municipal Court in Vlasotince
I. 625/04 of 02/09/2004
2. Municipal Court in Vlasotince
I. 345/05 of 08/03/2005
2, 800 euros
59466/11
19/09/2009
Dušica KULIĆ
03/12/1949
Vlasotince
1. Municipal Court in Vlasotince
P.289/2004 of 11 February 2004
2. Municipal Court in Vlasotince
P.1467/04 of 19 October 2004
D.P. Sinteks, Vlasotince
1. Municipal Court in Vlasotince
I. 626/04 of 02/09/2004
2. Municipal Court in Vlasotince
I. 33/05 of 21/01/2005
2, 800 euros
59467/11
19/09/2009
Verica STAMENKOVIĆ
12/10/1953
Vlasotince
1. Municipal Court in Vlasotince
P.14/04 of 28 January 2004
2. Municipal Court in Vlasotince
P. 1255/04 of 07 September 2004
D.P. Sinteks, Vlasotince
1. Municipal Court in Vlasotince
I. 603/04 of 22/03/2004
2. Municipal Court in Vlasotince
I. 1346/04 of 15/10/2004
2, 800 euros
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