FOURTH SECTION
DECISION
Application no. 48936/17
Milena JANJIĆ against Serbia
and 4 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 23 March 2023 as a Committee composed of:
Tim Eicke, President,
Branko Lubarda,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates 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.
One of the applicants in application no. 81654/17, Mr Sokolov, died on 9 September 2021. The Government accepted the applicant’s wife, Ms Gerda Sokolov (who is also the second applicant in that case), as his legal heir.
The applicants’ complaints under Article 6 § 1 of the Convention concerning the non-enforcement or delayed enforcement of domestic decisions were communicated to the Serbian Government (“the Government”).
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 payment 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 death of Mr Sokolov and of the wish of his wife, the second applicant in the same application, to pursue the proceedings in his stead as well. The Court reiterates that where an applicant dies during the examination of a case his or her heirs may in principle pursue the application on his or her behalf (see Ječius v. Lithuania, no. 34578/97, § 41, ECHR 2000-IX; Shiryayeva v. Russia, no. 21417/04, §§ 8-9, 13 July 2006; and Horváthová v. Slovakia, no. 74456/01, § 26, 17 May 2005). Nothing suggests that the rights the applicant sought to protect through the Convention mechanism were eminently personal and non-transferable (see Malhous v. the Czech Republic [GC], no. 33071/96, 12 July 2001). The Government did not contend that Ms Gerda Sokolov had no standing to pursue the case. Therefore, the Court considers that Mr Sokolov’s widow has a legitimate interest in pursuing the application in his stead as well.
The Court further 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 Ms Gerda Sokolov has standing to continue the proceedings in her late husband’s stead (application no. 81654/17);
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 13 April 2023.
Viktoriya Maradudina Tim Eicke
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(non-enforcement or delayed enforcement of domestic decisions)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
per applicant/household
(in euros) [1] [2]
Amount awarded for costs and expenses per application
(in euros)[3]
48936/17
29/06/2017
Milena JANJIĆ
1953
Pantelić Slađana
Čačak
06/06/2022
17/06/2022
3,600
250
81654/17
29/11/2017
Household
Cvetan SOKOLOV
1952
Date of death: 09/09/2021
Gerda SOKOLOV
1954
(also, in the capacity of Mr Sokolov’s heir)
28/04/2022
09/03/2022
3,600
-
4562/18
15/01/2018
Dragoljub MARKOVIĆ
1954
Horvat Silvio
Belgrade
06/06/2022
09/02/2022
3,600
250
22443/18
09/05/2018
Dragomir VESKOVIĆ
1948
Glavonjić Radenko
Čačak
06/06/2022
31/05/2022
3,600
250
49173/18
09/10/2018
Dejan RADOJIČIĆ
1960
Jordanovski Aleksandar
Kraljevo
06/06/2022
30/05/2022
3,600
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.