THIRD SECTION
DECISION
Application no. 76895/13
Vesna KATIĆ against Serbia
and 39 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 8 December 2015 as a Committee composed of:
Helena Jäderblom, President,
Dmitry Dedov,
Branko Lubarda, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above applications lodged on 28 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 are all Serbian nationals. They were all represented by Mr D. Anđelković, a lawyer practising in Vlasotince. The applicants’ additional personal details are set out in the appended table.
The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.
Relying on Article 6 of the Convention, the applicants complained about the respondent State’s failure to enforce a final court judgment No. P 360/06 rendered in their favour on 13 April 2006 by the Vlasotince Municipal Court against a company which has been privately owned as of 2003. On 6 August 2007 the Vlasotince Municipal Court issued an enforcement order No. I 348/07. It would appear that the final judgment in question has not yet been enforced.
Between 17 June 2015 and 18 September 2015 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 EUR 2,500 (two thousand and five hundred euros) to cover any non-pecuniary damage as well as costs and expenses, which would be converted into the local currency at the rate applicable on the date of payment, and would be free of any taxes that may be chargeable to the applicants. 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 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 payments would constitute the final resolution of the cases.
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 settlements reached between the parties. It is satisfied that the settlements are 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. It is further understood that the said sums should be paid less any amounts which may have already been paid in that regard at the domestic level.
In view of the above, it is appropriate to strike the cases out of the Court’s 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 7 January 2016.
Marialena TsirliHelena Jäderblom
Deputy RegistrarPresident
APPENDIX
No.
Application nos.
Lodged on
Applicant
Date of birth
Place of residence
76895/13
28/06/2013
Vesna KATIĆ
07/08/1965
Vlasotince
76896/13
28/06/2013
Ljiljana NOVKOVIĆ
23/03/1961
Vlasotince
76897/13
28/06/2013
Jovanka BOGDANOVIĆ
01/01/1964
Vlasotince
76898/13
28/06/2013
Miroslava NIKOLIĆ
17/08/1959
Vlasotince
76899/13
28/06/2013
Dobrila ZDRAVKOVIĆ
30/06/1956
Vlasotince
76900/13
28/06/2013
Jasmina TODOROVIĆ
01/06/1960
Vlasotince
76901/13
28/06/2013
Katica JOVANOVIĆ
23/09/1965
Vlasotince
76915/13
28/06/2013
Jadranka MILIĆ
21/03/1963
Vlasotince
76917/13
28/06/2013
Merima DIMITRIJEVIĆ
02/11/1964
Vlasotince
76918/13
28/06/2013
Slobodan DIMITRIJEVIĆ
10/08/1956
Vlasotince
76922/13
28/06/2013
Jelica TODOROVIĆ
02/12/1964
Vlasotince
76928/13
28/06/2013
Snezana MITIĆ
23/08/1966
Vlasotince
76929/13
28/06/2013
Divna BUĐIĆ
24/08/1954
Vlasotince
76931/13
28/06/2013
Zorica MARKOVIĆ
18/08/1959
Vlasotince
76932/13
28/06/2013
Slavica MARKOVIĆ
05/09/1961
Vlasotince
76937/13
28/06/2013
Rumenka JOVIĆ
20/02/1960
Vlasotince
76938/13
28/06/2013
Jelica JOVIĆ
31/10/1962
Vlasotince
76939/13
28/06/2013
Dragica ĐURIĆ
08/01/1957
Vlasotince
76940/13
28/06/2013
Melinda KOCIĆ
15/01/1963
Vlasotince
76941/13
28/06/2013
Jelena ZDRAVKOVIĆ
22/09/1959
Vlasotince
76942/13
28/06/2013
Ljubinka MITROVIĆ
26/08/1966
Vlasotince
76944/13
28/06/2013
Mila JOVIĆ
01/08/1956
Vlasotince
76945/13
28/06/2013
Lozana VALČIĆ
14/01/1963
Vlasotince
76947/13
28/06/2013
Drina STOJANOVIĆ
01/09/1960
Vlasotince
76948/13
28/06/2013
Zorica ANĐELKOVIĆ
21/06/1962
Vlasotince
77226/13
28/06/2013
Jasmina PETROVIĆ
28/07/1969
Vlasotince
77227/13
28/06/2013
Jadranka SAVIĆ
08/06/1962
Vlasotince
77229/13
28/06/2013
Divna STOJILJKOVIĆ
05/05/1960
Vlasotince
77230/13
28/06/2013
Zvonimir KRSTIĆ
21/11/1962
Vlasotince
77231/13
28/06/2013
Milka MILOŠEVIĆ
07/03/1967
Vlasotince
77232/13
28/06/2013
Milka ANĐELKOVIĆ
01/07/1962
Vlasotince
77233/13
28/06/2013
Zlata STOJANOVIĆ
22/02/1960
Leskovac
77235/13
28/06/2013
Snežana STOJILJKOVIĆ
21/11/1968
Vlasotince
77257/13
28/06/2013
Vesna JANKOVIĆ
09/05/1966
Vlasotince
77258/13
28/06/2013
Gordana VELIČKOVIĆ
25/08/1957
Vlasotince
77260/13
28/06/2013
Rajna STOJANOVIĆ
30/04/1954
Vlasotince
77261/13
28/06/2013
Olga JOVIĆ
30/04/1954
Vlasotince
77263/13
28/06/2013
Stanica TERZIĆ
15/04/1962
Vlasotince
77265/13
28/06/2013
Dragan JOVIĆ
17/09/1962
Vlasotince
77267/13
28/06/2013
Slavica ANĐELKOVIĆ
07/11/1968
Vlasotince
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