THIRD SECTION
DECISION
Application no. 57351/12
Džemail JAŠAREVIĆ
against Serbia
and 15 other applications (see list appended)
The European Court of Human Rights (Third Section), sitting on 7 March 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 31 August 2012 and 30 August 2013,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants and their representatives is set out in the appendix.
The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.
The applicants essentially complain about the failure by the national authorities to enforce final court decisions rendered in their favour against the same socially/State-owned company (Raška Holding – u restrukturiranju). This complaint falls to be examined under Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 to the Convention.
The essential information as to the domestic proceedings in respect of each application is indicated in the appendix.
Between 17 October 2013 and 31 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 applications 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
57351/12
31/08/2012
Džemail JAŠAREVIĆ
29/08/1959
Serbian
Vesna CUKAVAC
Novi Pazar
1 December 2011
30 March 2012
57353/12
31/08/2012
Safeta JAŠAREVIĆ
26/01/1968
Serbian
Vesna CUKAVAC
Novi Pazar
14 February 2012
30 March 2012
80896/12
12/12/2012
Goran RADISAVLJEVIĆ
11/07/1965
Serbian
Rodoljub MARINKOVIĆ
Novi Pazar
04 February 2009
13 March 2012
16940/13
13/02/2013
Ifeta ŠAĆIROVIĆ
30/09/1954
Serbian
Vesna CUKAVAC
Novi Pazar
25 August 2004
1. 18 October 2004
2. 14 November 2007
29082/13
01/04/2013
Atmir MEĐEDOVIĆ
01/02/1967
Serbian
Naser EJUPOVIĆ
Novi Pazar
25 May 2005
27 December 2005
46970/13
21/06/2013
Budimir JEREMIĆ
13/08/1951
Serbian
Slobodan MILANOVIĆ
Novi Pazar
27 February 2008
27 March 2012
47332/13
20/05/2013
Šemsida PALJEVIĆ
16/04/1954
Serbian
Rodoljub MARINKOVIĆ
Novi Pazar
7 May 2009
10 November 2011
52427/13
07/08/2013
Avdija KAČAR
05/09/1958
Serbian
Refija GARIBOVIĆ
Novi Pazar
24 May 2007
10 August 2007
52429/13
07/08/2013
Safeta LJAJIĆ
28/07/1960
Serbian
Refija GARIBOVIĆ
Novi Pazar
1. 18 February 2005
2. 22 November 2005
3. 11 January 2007
1. 26 September 2005
2. 28 December 2005
3. 14 February 2006
4. 26 February 2007
52607/13
05/06/2013
Ifeta DEMIROVIĆ
17/03/1963
Serbian
Refija GARIBOVIĆ
Novi Pazar
1. 18 August 2004
2. 15 March 2005
3. 22 November 2005
4. 4 April 2006
5. 6 March 2007
1. 6 October 2004
2. 21 June 2005
3. 26 September 2005
4. 20 February 2006
5. 17 August 2006
6. 17 October 2007
54283/13
19/08/2013
Miodrag MILOSAVLJEVIĆ
01/11/1954
Serbian
Nataša MIJALJEVIĆ
Novi Pazar
18 March 2008
15 June 2011
55991/13
22/08/2013
Enisa BEGOVIĆ
28/02/1965
Serbian
Naser EJUPOVIĆ
Novi Pazar
31 October 2006
29 October 2007
56300/13
25/05/2013
Raza SELIMOVIĆ MEHMEDOVIĆ
08/09/1964
Serbian
Emir FETAHOVIĆ
Novi Pazar
1. 1 July 2004
2. 14 April 2006
1. 24 December 2004
2. 5 April 2007
56304/13
25/05/2013
Kimeta KUJOVIĆ
03/10/1959
Serbian
Emir FETAHOVIĆ
Novi Pazar
1. 10 July 2003
2. 3 October 2005
3. 4 April 2006
1. 23 September 2003
2. 11 May 2006
3. 24 August 2006
57290/13
04/06/2013
Jasmina MEĐEDOVIĆ
15/09/1961
Serbian
Emir FETAHOVIĆ
Novi Pazar
1. 2 September 2004
2. 27 February 2006
1. 28 December 2005
2. 17 July 2006
57877/13
30/08/2013
Besim CRNOVRŠANIN
03/01/1956
Serbian
Refija GARIBOVIĆ
Novi Pazar
1. 23 September 2004
2. 4 October 2004
3. 4 March 2005
4. 9 November 2005
5. 16 April 2007
1. 26 November 2004
2. 24 June 2005
3. 21 June 2005
4. 16 February 2006
5. 10 August 2007
Full & Egal Universal Law Academy