SECOND SECTION
DECISION
Application no. 36735/20
Novica KOJIĆ against Serbia
and 14 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 9 December 2021 as a Committee composed of:
Pauliine Koskelo, President,
Branko Lubarda,
Marko Bošnjak, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the date 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 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 13 January 2022.
Viktoriya Maradudina Pauliine Koskelo
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
36735/20
10/08/2020
Novica KOJIĆ
1969
04/10/2021
03/11/2021
1,000
250
36975/20
10/08/2020
Saša BIRTAŠEVIĆ
1975
04/10/2021
03/11/2021
1,000
250
36982/20
10/08/2020
Đorđe BOGDANOVIĆ
1952
04/10/2021
03/11/2021
1,000
250
36992/20
10/08/2020
Zlatka POPOVIĆ
1965
04/10/2021
03/11/2021
1,000
250
37004/20
10/08/2020
Dragi DUNČEVIĆ
1960
04/10/2021
03/11/2021
1,000
250
37008/20
10/08/2020
Milan RADOJEVIĆ
1948
04/10/2021
03/11/2021
1,000
250
37009/20
10/08/2020
Borislav CVETKOVIĆ
1965
04/10/2021
03/11/2021
1,000
250
37011/20
10/08/2020
Cane MILENKOVIĆ
1949
04/10/2021
03/11/2021
1,000
250
37012/20
10/08/2020
Slobodan SPIRIDONOVIĆ
1960
04/10/2021
03/11/2021
1,000
250
37051/20
10/08/2020
Slavica RISTIĆ
1959
04/10/2021
03/11/2021
1,000
250
37229/20
10/08/2020
Dragan BARJAKTAREVIĆ
1977
04/10/2021
03/11/2021
1,000
250
37231/20
10/08/2020
Duško JOVANOVIĆ
1983
04/10/2021
03/11/2021
1,000
250
37233/20
10/08/2020
Boždar RAJKOVIĆ
1959
04/10/2021
03/11/2021
1,000
250
37235/20
10/08/2020
Dragan DIMKOVIĆ
1971
04/10/2021
03/11/2021
1,000
250
37238/20
10/08/2020
Dragana ĐORĐEVIĆ
1959
04/10/2021
17/11/2021
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.