SECOND SECTION
DECISION
Application no. 29303/21
Biljana JOSIMOVIĆ against Serbia
and 22 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 10 March 2022 as a Committee composed of:
Jovan Ilievski, President,
Gilberto Felici,
Diana Sârcu, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Mr S. Aleksić, a lawyer practising in Niš.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement or delayed enforcement of domestic decisions given against socially/State-owned companies were communicated to the Serbian Government (“the Government”).
The Court received the 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, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the 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 Government also undertake to ensure the enforcement of the domestic decisions under consideration in the cases concerned (see appended table) within the same three-month period, and to pay any costs of the domestic enforcement proceedings.
The payment and the enforcement of the domestic decisions in the cases concerned will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 the Protocols thereto 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.
Done in English and notified in writing on 31 March 2022.
Viktoriya Maradudina Jovan Ilievski
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1
(non-enforcement or delayed enforcement of domestic decisions given against socially/State-owned companies)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage per applicant
(in euros)[1] [2]
Amount awarded for costs and expenses per application
(in euros)[3]
29303/21
25/05/2021
Biljana JOSIMOVIĆ
1974
04/10/2021
29/12/2021
1,000
250
29306/21
27/05/2021
Aleksandar ŽIVOTIĆ
1987
04/10/2021
29/12/2021
1,000
250
29310/21
27/05/2021
Milan SAVIĆ
1957
04/10/2021
29/12/2021
1,000
250
29315/21
25/05/2021
Zoran MITIĆ
1956
04/10/2021
29/12/2021
1,000
250
29336/21
25/05/2021
Radmila IVANOVIĆ
1959
04/10/2021
29/12/2021
1,000
250
29341/21
27/05/2021
Miodrag ILIĆ
1975
04/10/2021
29/12/2021
1,000
250
29346/21
27/05/2021
Radiša ADAMOVIĆ
1954
04/10/2021
29/12/2021
1,000
250
29350/21
27/05/2021
Trajan MAKSIMOVIĆ
1971
04/10/2021
29/12/2021
1,000
250
29353/21
27/05/2021
Miodrag MOSIĆ
1963
04/10/2021
29/12/2021
1,000
250
29355/21
27/05/2021
Vladan MIRKOVIĆ
1976
04/10/2021
29/12/2021
1,000
250
29358/21
27/05/2021
Javorka MIKIĆ
1963
04/10/2021
29/12/2021
1,000
250
29360/21
27/05/2021
Milomir ANĐELKOVIĆ
1955
04/10/2021
29/12/2021
1,000
250
29363/21
25/05/2021
Milivoje MARINKOVIĆ
1988
04/10/2021
29/12/2021
1,000
250
29371/21
27/05/2021
Ljiljana SPASOJEVIĆ
1967
04/10/2021
29/12/2021
1,000
250
29374/21
27/05/2021
Batica MILENKOVIĆ
1968
04/10/2021
29/12/2021
1,000
250
29378/21
25/05/2021
Slavica VELJOVIĆ
1954
04/10/2021
29/12/2021
1,000
250
29595/21
25/05/2021
Bojan GAJIĆ
1978
04/10/2021
29/12/2021
1,000
250
29597/21
25/05/2021
Zoran SPASIĆ
1962
04/10/2021
29/12/2021
1,000
250
29598/21
25/05/2021
Nenad JOSIMOVIĆ
1974
04/10/2021
29/12/2021
1,000
250
29600/21
27/05/2021
Goran KALJEVIĆ
1966
04/10/2021
29/12/2021
1,000
250
29602/21
25/05/2021
Perica PAVLOVIĆ
1963
04/10/2021
29/12/2021
1,000
250
29605/21
25/05/2021
Miša KOJIĆ
1962
04/10/2021
29/12/2021
1,000
250
29606/21
25/05/2021
Srboljub KRSTIĆ
1955
04/10/2021
29/12/2021
1,000
250
[1] Plus any tax that may be chargeable to the applicants.
[2] Less any amounts which may have already been paid in that regard at the domestic level.
[3] Plus any tax that may be chargeable to the applicants.