THIRD SECTION
DECISION
Application no. 19269/12
Ljiljana JANKOVIĆ v. Serbia
and 8 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 27 May 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 16 March 2012 and 5 August 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 24 October 2013 and 18 March 2014 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 (per applicant and not per application) 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
nationality
Represented by
Final domestic decision details
Enforcement order details
19269/12
16/03/2012
Ljiljana JANKOVIĆ
06/06/1957
Serbian
Ismet KALIĆ
Novi Pazar
1. 21/10/2003
2. 12/09/2006
1. 25/02/ 2004
2. 16/03/2007
80420/12
12/12/2012
Radiša BARAĆ
15/08/1964
Serbian
Rodoljub MARINKOVIĆ
Novi Pazar
25/05/2009
23/01/2012
10935/13
02/02/2013
Senada KOCA
17/09/1966
Serbian
Rodoljub MARINKOVIĆ
Novi Pazar
27 /10/2009
12/01/2012
11560/13
22/01/2013
Hasan MIHOVIĆ
03/04/1957
Serbian
Naser EJUPOVIĆ
Novi Pazar
1. 03/12/2013
2. 27/08/2004
3. 21/03/2007
4.19/05/2010
1.08/07/2004
2.30/01/2006
3.16/05/2007
4. 06/04/2012
30274/13
09/04/2013
Jasmina HADŽIRUŠEVIĆ
02/05/1961
Serbian
Rodoljub MARINKOVIĆ
Novi Pazar
12/10/2009
13/03/2012
31311/13
19/04/2013
Radiša BARAĆ
15/08/1964
Serbian
Rodoljub MARINKOVIĆ
Novi Pazar
14/03/2005
15/11/2007
52441/13
02/08/2013
Živko JAGODIĆ
03/05/1947
Serbian
Aranđelovac
25/07/2007
16/05/2011
52486/13
02/08/2013
Rastislav POPOVIĆ
15/04/1944
Serbian
Aranđelovac
21/06/2007
20/04/2011
52491/13
05/08/2013
Esmana HAČKOVIĆ
28/11/1963
Serbian
Refija GARIBOVIĆ
Tutin
29/06/2004
03/08/2004
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