THIRD SECTION
DECISION
This version was rectified on 2 September 2014
under Rule 81 of the Rules of Court.
Application no. 6132/12
Jovica KORENČAN v. Serbia
and 10 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 15 April 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 7 December 2011 and 1 August 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 7 October 2013 and 16 January 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
(the seat of the relevant court and the date of the decision)
The date of the enforcement order
6132/12
07/12/2011
Jovica KORENČAN
27/06/1963
Serbian
Ramiza PALJEVAC EMROVIĆ
Novi Pazar
1. 21/11/2002
2. 18 /08/2004
3. 22 /09/2005
4. 04 /04/2006
5. 27/06/2007
1. 24 /01/2003
2. 18 /10/2004
3. 02/06/ 2006
4. 15/07/2007
5. 24/09/2007
66586/12
09/10/2012
Osman PALAMAR
21/05/1963
Serbian
Ismet KALIĆ
Novi Pazar
18/12/2007
11/09/2012
49802/13
19/06/2013
Enes NOVALIĆ
27/03/1962
Serbian
Emir FETAHOVIĆ
Novi Pazar
1. 17/09/2003
2. 07/12/2005
3. 08/06/2006
1. 03/11/2003
2. 18/05/2006
3. 15/09/2007
50081/13
28/05/2013
Muradija GOŠEVAC
13/05/1962
Serbian
Vesna CUKAVAC
Novi Pazar
13/12/2002
6/05/2004
13/11/2007
50103/13
26/07/2013
Safeta ISLAMOVIĆ
12/06/1960
Serbian
Rodoljub MARINKOVIĆ
Novi Pazar
03/02/2009
10/11/2011
50116/13
10/07/2013
Feho ZEĆOVIĆ
09/11/1963
Serbian
Emir FETAHOVIĆ
Novi Pazar
1. 27/05/2003
2. 27/01/2006
3. 23/06/2006
1. 08/08/2003
2. 20/06/2006
3. 15/09/2006
50123/13
10/07/2013
Sabira ČEKRLIJA MIRALJEMOVIĆ
28/05/1958
Serbian
Emir FETAHOVIĆ
Novi Pazar
1. 26/05/2004
2. 29/09/2005
3. 03/05/2006
1. 25/10/2004
2. 14/02/2006
3. 02/07/2007
50128/13
10/07/2013
Hajra MURIĆ DERDEMEZ
10/02/1960
Serbian
Emir FETAHOVIĆ
Novi Pazar
1. 25/10/2004
2.18/04/2006
3. 30/03/2007[1]
1. 27/12/2005
2.29/08/2006[2]
3.16/07/2007[3]
50211/13
30/04/2013
Radojko JOKOVIĆ
05/03/1964
Serbian
Naser EJUPOVIĆ
Novi Pazar
1. 14/04/2004
2. 6/03/2006
3. 13/03/2007
1.10/06/2004
2. 5/06/2006
3. 5/10/2007
50785/13
18/06/2013
Ljutvija HOT
13/01/1957
Serbian
Hasim KLIMENTA
Tutin
10/12/2002
27/01/2003
50880/13
01/08/2013
Radoje MILOŠEVIĆ
15/05/1952
Serbian
Vladan PANTOVIĆ
Novi Pazar
1. 25/03/2008
2. 5/11/2008
30/04/2012
[1] Rectified on 9 September 2014: the date 20/03/2007 has been replaced by the date 30/03/2007
[2] Rectified on 9 September 2014: the date 12/05/2006 has been replaced by the date 29/08/2006
[3] Rectified on 9 September 2014: the date 02/07/2007 has been replaced by the date 16/07/2007
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