THIRD SECTION
DECISION
Application no. 53271/12
Dragoljuba JELISIJEVIĆ against Serbia
and 9 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 10 June 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 15 August 2012 and 8 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 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 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 September 2013 and 10 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 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
Represented by
Final domestic decision details
Enforcement order details
53271/12
15/08/2012
Dragoljuba JELISIJEVIĆ
31/05/1960
Serbian
Zoran JANIĆIJEVIĆ
1. Municipal Court (Opstinski sud) in Novi Pazar P1.735/02 of 21 February 2003
2. Municipal Court (Opstinski sud) in Novi Pazar P1.br.856/04 of 5 October 2004
1. Municipal Court (Opstinski sud) in Novi Pazar I.br.363/2003 of 12 May 2003
2. Municipal Court (Opstinski sud) in Novi Pazar I.br.892/2005 of 26 September 2005
59474/12
08/09/2012
Milhata SMAJOVIĆ
21/12/1956
Serbian
Šefketa DOLOVAC
Municipal Court (Opstinski sud) in Novi Pazar P1.br.71/07 of 9 March 2007
Municipal Court (Opstinski sud) in Novi Pazar I.br.1411/07 of 19 October 2007
59490/12
08/09/2012
Zorica PAUNOVIĆ
02/05/1962
Serbian
Zoran JANIĆIJEVIĆ
Municipal Court (Opstinski sud) in Novi Pazar P1-465/02 of 26 November 2002
Municipal Court (Opstinski sud) in Novi Pazar I-245/03 of 8 April 2003
64763/12
03/10/2012
Sahzija ZEČEVIĆ
04/07/1961
Serbian
Bisera ŽUPIĆ
Municipal Court (Opstinski sud) in Novi Pazar P1.437/04 of 22 June 2004
Municipal Court (Opstinski sud) in Novi Pazar I.br354/2005 of 23 June 2005
66717/12
12/10/2012
Milanka ŠARAC
16/10/1971
Serbian
Šefketa DOLOVAC
Court of First Instance (Osnovni sud) in Novi Pazar 12 P1 br.1367/10 of 26 July 2011
Court of First Instance (Osnovni sud) in Novi Pazar 20 I.br.669/2012 of 14 March 2012
68075/12
15/10/2012
Mera GRAČANIN
05/08/1963
Serbian
Bisera ŽUPIĆ
Municipal Court (Opstinski sud) in Novi Pazar P1-997/06 of 29 December 2006
Municipal Court (Opstinski sud) in Novi Pazar I-1399/07 of 16 July 2007
75989/12
15/11/2012
Draga PEROVIĆ
22/05/1946
Serbian
Zoran JANIĆIJEVIĆ
Municipal Court (Opstinski sud) in Novi Pazar P1-424/07 of 3 March 2009
Municipal Court (Opstinski sud) in Novi Pazar 20I-1450/2011 of 16 August 2011
78461/12
26/11/2012
Vezira KRLIĆ KOCA
20/06/1949
Serbian
Idriz MUDERIZOVIĆ
Municipal Court (Opstinski sud) in Novi Pazar P1-1157/06 of 21 February 2007
Municipal Court (Opstinski sud) in Novi Pazar I-704/07 of 23 September 2007
80216/12
01/12/2012
Dušimir PANTOVIĆ
24/06/1954
Serbian
Zoran JANIĆIJEVIĆ
1. The Supreme Court of Serbia (Vrhovni sud Srbije) Rev.II-291/03 of 3 July 2003
2. Municipal Court (Opstinski sud) in Novi Pazar P1-334/04 of 23 June 2004
1.Municipal Court (Opstinski sud) in Novi Pazar I-421/04 of 19 May 2004
2. Municipal Court (Opstinski sud) in Novi Pazar I-1349/06 of 4 October 2006
30934/13
08/04/2013
Ifeta BIHORAC
20/01/1955
Serbian
Refija GARIBOVIĆ
Municipal Court (Opstinski sud) in Novi Pazar
1. P1. 867/04 of 15 December 2004
2. P1. 107/05 of 25 March 2005
3. P1. 107/05 of 25 March 2005
4. P1. 161/06 of 1 April 2006
5. P1. 1063/06 of 19 January 2007
Municipal Court (Opstinski sud) in Novi Pazar
1. I. 1029/05 of 26 September 2005
2. I. 1028/05 of 26 September 2005
3. I. 23/06 of 14 February 2006
4. I. 1435/06 of 31 October 2006
5. I. 71/07 of 13 February 2007
Full & Egal Universal Law Academy