THIRD SECTION
DECISION
Application no. 52412/12
Mira LUKIĆ against Serbia
and 2 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 10 June 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 31 July 2012 and 11 February 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 details are set out in the appendix. They were all represented by Mr T. Radišić, a lawyer practising in Loznica.
The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.
The applicants complained under Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 about the respondent State’s failure to enforce final court decisions in their favour, according to which the same company – AD “Moda” Loznica (hereinafter “the debtor”) was ordered to pay them certain sums. These court decisions remain unenforced to the present day. The debtor was at the relevant time a socially-owned company.
The essential information as to the domestic proceedings in respect of each application is indicated in the appendix.
On 10 December 2013 and 25 April 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 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 applications 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
Nationality
Final domestic decision details (the seat of the relevant court, date of the decision and the date when decision became final)
Enforcement order details (the seat of the court and the date of the enforcement order)
52412/12
31/07/2012
Mira LUKIĆ
10/07/1961
Banja Koviljača
Serbian
1. Loznica
05/06/2006; 28/06/2006
2. Loznica
24/06/2003; 22/07/2003
1. Loznica
19/02/2008
2. Vladimirci
23/07/ 2003
16064/13
11/02/2013
Gordana DIMITRIĆ
17/05/1972
Mačvanski Prnjavor, Šabac
Serbian
1. Loznica
24/06/2003; 22/07/ 2003
2. Loznica
19/10/2004; 31/03/2005
1. Vladimirci
23/07/ 2003
2. Loznica
19/02/2008
16096/13
11/02/2013
Stanoje TRIPKOVIĆ
15/06/1950
Šabac
Serbian
1. Loznica
24/06/2003; 22/07/ 2003
2. Loznica
19/10/2004; 31/03/2005
1. Vladimirci
23/07/ 2003
2. Loznica
19/02/2008
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