THIRD SECTION
DECISION
Application no. 47162/08
Ratko JOVANDARIĆ against Serbia
and 9 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 23 September 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 22 September 2008 and 11 June 2013,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
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 different 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 28 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
47162/08
22/09/2008
Ratko JOVANDARIĆ
01/01/1950
Lađevci
Serbian
Daroslava TODOROVIĆ
Municipal Court in Kraljevo
IP. 752/04 of 12 July 2005
Municipal Court in Kraljevo
I. 1576/05 of 23/11/2005
I. 64/08 of 17/01/2008
13061/09
15/12/2008
Radoslav BASARIĆ
27/02/1952
Kraljevo
Serbian
Daroslava TODOROVIĆ
Municipal Court in Kraljevo
IP. 752/04 of 12 July 2005
Municipal Court in Kraljevo
I. 1451/05 of 8/11/2005
I. 190/08 of 1/02/2008
8257/10
22/10/2009
Nada MILETIĆ
30/12/1955
Raška
Serbian
Municipal Court in Novi Pazar
P1. 302/07 of 18 April 2007
Municipal Court in Novi Pazar
I. 1862/07 of 15/11/2007
65843/12
04/10/2012
Milka KOČOVIĆ
17/03/1964
Raška
Serbian
Slobodan MILANOVIĆ
1. Municipal Court in Novi Pazar
P1.388/04 of 22 September 2004
2. Municipal Court in Novi Pazar
P1.502/07 of 24 January 2008
1. Municipal Court in Novi Pazar
I 696/06 of 17 July 2006
2. Court of First instance in Novi Pazar
20 No. I 109/12 of 23 January 2012
73691/12
09/11/2012
Ismeta DOLIĆANIN ŠAĆIROVIĆ
12/02/1963
Novi Pazar
Serbian
Ismet KALIĆ
Municipal Court in Novi Pazar
1. P1.886/04 of 15 October 2004
2. P1.416/06 of 14 April 2006
Municipal Court in Novi Pazar
1. I.1088/05 of 26/09/2005
2. I.1263/06 15/09/2006
29881/13
01/04/2013
Milhata ŠUNTIĆ
07/03/1957
Novi Pazar
Serbian
Šefketa DOLOVAC
Municipal Court in Novi Pazar
1. P1. 996/07 of 7 May 2008
2. P1. 492/09 of 17 November 2009
Court of First Instance in Novi Pazar
3. P1. 246/10 of 19 April 2010
Court of First Instance in Novi Pazar
1. 19 I. 53/12 of 17/01/2012
2. 19 I. 540/12 of 8/03/2012
3. 19 I. 206/12 of 1/02/2012
42564/13
15/05/2013
Miroslav GAVRILOVIĆ
30/12/1977
Vladičin Han
Serbian
Slobodan PETROVIĆ
Municipal Court in Vladičin Han
1. P. 295/03 of 23 June 2003
2. P. 560/04 of 1 June 2004
Municipal Court in Vladičin Han
1. I. 551/03 of 7/11/2003
2. I. 758/04 of 9/07/2004
43441/13
11/06/2013
Razija GEGIĆ
31/05/1954
Beograd
Serbian
Emir FETAHOVIĆ
Municipal Court in Novi Pazar
1. P1. 432/04 of 8 February 2007
2. P1. 515/05 of 05 October 2005
3. P1. 777/06 of 23 May 2006
Municipal Court in Novi Pazar
1. I. 1264/05 of 27/12/2005
2. I. 522/06 of 15/05/2006
3. I. 1203/07 of 04/06/2007
43449/13
11/06/2013
Šaban RASOVAC
27/07/1946
Novi Pazar
Serbian
Emir FETAHOVIĆ
Municipal Court in Novi Pazar
1. P1.345/03 of 19 September 2003
2. P1.658/05 of 9 December 2005
3. P1.651/06 of 28 August 2006
4. P1.181/07 of 9 July 2007
Municipal Court in Novi Pazar
1. I.1075/03 of 19/12/2003
2. I. 536/06 of 18/05/2006
3. I. 97/07 of 19/02/2007
4. I. 1950/07 of10/12/2007
43456/13
11/06/2013
Sabaheta HODŽIĆ-KURBAŠEVIĆ
01/04/1967
Novi Pazar
Serbian
Emir FETAHOVIĆ
Municipal Court in Novi Pazar
1. P1. 723/02 of 11 July 2003
2. P1. 629/06 of 23 June 2006
Municipal Court in Novi Pazar
1. I. 755/03 of 24/09/2003
2. I. 903/07 of 15/05/2007
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