THIRD SECTION
DECISION
Application no. 9111/13
Mladen JOKSIMOVIĆ against Serbia
and 2 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 24 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 29 December 2012 and 7 March 2013,
Having regard to the declaration submitted by the respondent Government on 5 March 2014 and the applicants’ reply to this declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix. They were all represented by Ms D. Obradović, a lawyer practising in Čačak.
The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.
The applicants complained under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 about the respondent State’s failure to enforce final court decisions rendered in their favour, according to which the same company - AD “Cer” Čačak (hereinafter “the debtor”) was ordered to pay them certain sums. These court decisions remain unenforced to the present day. The debtor was at the relevant time a socially-owned company. The applications were communicated to the Government.
The essential information as to the domestic proceedings in respect of each application is indicated in the appendix.
By a letter of 3 February 2014 the Government notified the Court that by its decision of 10 July 2013 the Constitutional Court of Serbia awarded 1,000 euros (EUR) to the applicant Mladen Joksimovic (application no. 9111/13) to cover non-pecuniary damage related to the same domestic proceedings. They further informed the Court that in respect of the two other applicants (applications nos. 21640/13 and 20455/13) the proceedings were pending before the Constitutional Court.
After unsuccessful friendly-settlement negotiations, by letter dated 5 March 2014 the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the applications.
They acknowledged a violation of the applicants’ rights guaranteed by Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention. They undertook to pay the applicants 2,000 EUR less any amounts which may have already been paid on the basis of the relevant Constitutional Court’s decision 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. The Government further declared 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, 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
On 10 April 2014, the Court received a letter from the applicants’ lawyer informing the Court that they had agreed to the terms of the Government’s declaration.
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 finds that following the applicants’ express agreement to the terms of the declaration made by the Government the cases should be treated as a friendly settlement between the parties.
It therefore 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 pursuant to Article 39 of the Convention.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
APPENDIX
No.
Application
no. and date of introduction
Applicant
Date of birth
Place of residence
Nationality
Final domestic decision details
(the seat of the relevant court, date of the decision and the date when decision became final)
Enforcement order details
(the seat of the court and the date of the enforcement order)
9111/13
29/12/2012
Mladen JOKSIMOVIĆ
25/02/1944
Čačak
Serbian
1. Čačak
07/03/2000;
07/03/2000
2. Čačak
28/11/2006; 24/04/2007
3. Čačak
26/11/2007; 05/02/2008
1 Čačak
08/09/2004
2. Čačak
04/10/2007
3. Čačak
10/03/2008
20455/13
06/03/2013
Duško PAVLOVIĆ
21/02/1955
Čačak
Serbian
1. Čačak
16/03/2000; 16/03/2000
2. Cačak
08/03/2007; 29/06/2007
3. Čačak
17/04/2008; 03/06/2008
1. Čačak
20/01/ 2004
2. Čačak
20/09/2007
3. Čačak
02/09/2008
21640/13
07/03/2013
Dragiša ĆIKOVIĆ
26/05/1959
Čačak
Serbian
1. Čačak
20/03/2000; 20/03/2000
2. Čačak
14/06/2004; 12/08/2004
1. Čačak
30/04/ 2001
2. Čačak
15/12/ 2004
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