10
THIRD SECTION
DECISION
Application no. 74163/10
Milan LAZAREVIĆ against Serbia
and 10 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 25 November 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 16 November 2010 and 24 September 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 30 July and 15 September 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), less any amounts which may have already been paid in that regard at the domestic level, 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.
Lodged on
Applicant
Date of birth
Place of residence
Represented by
Final domestic decision details
Enforcement order details
74163/10
16/11/2010
Milan LAZAREVIĆ
03/07/1954
Šabac
Municipal Court in Šabac
3 July 2003
The Court of First Instance in Šabac
10 January 2012
75097/10
30/11/2010
Ratko JOVIČIĆ
16/07/1956
Šabac
Municipal Court in Šabac
6 October 2003
The Court of First Instance in Šabac
21 March 2012
6954/12
27/12/2011
Zoran ERCEGOVČEVIĆ
27/12/1964
Dublje
Commercial Court in Valjevo
26 November 2009
Commercial Court in Valjevo
26 November 2009
19276/12
21/03/2012
Jovan KOJIĆ
28/09/1948
Šabac
Stanoje PANTELIĆ
Municipal Court in Šabac
15 November 2006
29 November 2007
15 September 2008
Municipal Court in Šabac
1 February 2007
24 July 2008
26 May 2009
25738/12
26/03/2012
Milan ALFIREVIĆ
03/11/1947
Šabac
Municipal Court in Šabac
21 March 2005
16 June 2006
Municipal Court in Šabac
18 January 2007
8 January 2007
25743/12
26/03/2012
Gordana MITRAŠINOVIĆ
02/09/1960
Šabac
Municipal Court in Šabac
4 June 2004
24 March 2005
17 October 2005
Municipal Court in Bogatić
11 September 2006
Municipal Court in Šabac
28 August 2007
8 January 2007
25749/12
26/03/2012
Slavoljub MAŠIĆ
14/09/1949
Lipolist
Municipal Court in Šabac
24 March 2005
24 October 2005
Municipal Court in Šabac
5 April 2007
54266/12
18/08/2012
Džemka BIŠEVAC
08/07/1963
Novi Pazar
Rešat ČAKARA
Municipal Court in Novi Pazar
19 October 2007
Municipal Court in Novi Pazar
5 December 2007
6758/13
10/01/2013
Dragoslav NEDELJKOVIĆ
05/07/1952
Novi Pazar
Vesna CUKAVAC
Municipal Court in Novi Pazar
20 March 2003
19 September 2005
Municipal Court in Novi Pazar
6 May 2004
16 February 2006
62738/13
16/09/2013
Radisav SENDRIĆ
03/08/1960
Novi Pazar
Ramiza ĐAKOVAC
The Court of First Instance in Novi Pazar
17 February 2010
The Court of First Instance in Novi Pazar
11 July 2011
65427/13
24/09/2013
Muratka SEJDOVIĆ
23/01/1961
Novi Pazar
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
23 April 2008
The Court of First Instance in Novi Pazar
30 June 2011
Full & Egal Universal Law Academy