THIRD SECTION
DECISION
Application no. 45608/08
Dojčin JORGIĆ against Serbia
and 8 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 17 February 2015 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 September 2008 and 12 December 2008,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants’ personal details are set out in the appended table. They were all represented by the same attorney, Ms. D. Todorović, a lawyer practising in Kraljevo.
The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.
Relying on Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1, the applicants complained about the non-enforcement of final court decisions rendered in their favour against the same socially/State‑owned company. The decisions have in the meantime been enforced. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 23 October 2014 and 8 December 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), less any amounts which may have already been paid in that regard at the domestic level, 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.
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.
Done in English and notified in writing on 19 March 2015.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
APPENDIX
No.
Application no. and date of introduction
Applicant’s name
year of birth
place of residence
nationality
Final domestic decision details
(the seat of the relevant court and the date of the decision)
The date of the enforcement order
45608/08
15/09/2008
Dojčin JORGIĆ
1950
Kraljevo
Serbian
Kraljevo
11 March 2003
2/11/2004
17/01/2008
45650/08
15/09/2008
Vukica KUČ
1952
Kraljevo
Serbian
Kraljevo
13 January 2006
13/11/2006
24/01/2008
45713/08
15/09/2008
Marjan GRUJIĆ
1952
Kraljevo
Serbian
Kraljevo
22 April 2005
1/12/2005
18/01/2008
45714/08
15/09/2008
Miško ILIĆ
1969
Kraljevo
Serbian
Kraljevo
21 March 2005
8/11/2005
16/01/2008
45716/08
15/09/2008
Milan RADETIĆ
1960
Kraljevo
Serbian
Kraljevo
25 April 2005
24/10/2005
21/01/2008
46856/08
22/09/2008
Tomislav MARKOVIĆ
1962
Kraljevo
Serbian
Kraljevo
16 September 2003
10/01/2005
16/01/2008
57020/08
05/11/2008
Milan SIMOVIĆ
1955
Kraljevo
Serbian
Kraljevo
23 February 2004
21/01/2005
1/02/2008
13286/09
12/12/2008
Ratomir DROBNJAK
1941
Kraljevo
Serbian
Kraljevo
25 February 2004
17/01/2005
31/01/2008
13380/09
12/12/2008
Milan SIMOVIĆ
1955
Kraljevo
Serbian
Kraljevo
23 May 2005
10/02/2006
4/02/2008
Full & Egal Universal Law Academy