THIRD SECTION
DECISION
Application no. 71824/12
Živadin MAKSIMOVIĆ against Serbia
and 22 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 19 October 2012 and 1 March 2013,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
THE FACTS AND PROCEDURE
The applicants’ personal and other relevant details are set out in the appended table. They were all represented by Mr. I. Kalić, a lawyer practicing in Novi Pazar. 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 15 October 2013 and 20 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
Nos.
Application no. and date of introduction
Applicant name
date of birth
place of residence
nationality
Final domestic decision details
Enforcement order details
71824/12
22 October 2012
Živadin MAKSIMOVIĆ
5 March 1947
Serbian
Municipal Court in Novi Pazar
5 January 2005
30 March 2006
Municipal Court in Novi Pazar
14 February 2006
15 September 2006
71831/12
19 October 2012
Mejrema MEMIĆ
18 June 1968
Serbian
Municipal Court in Novi Pazar
22 March 2005
11 September 2006
7 March 2007
Municipal Court in Novi Pazar
27 December 2005
12 March 2007
6 April 2007
74413/12
30 October 2012
Hankija MAVRIĆ
24 April 1948
Serbian
Municipal Court in Novi Pazar
20 June 2003
20 January 2006
23 June 2006
Municipal Court in Novi Pazar
24 September 2003
11 May 2006
24 August 2006
74665/12
10 November 2012
Habiba NICEVIĆ
11 September 1960
Serbian
Municipal court in Novi Pazar
5 October 2004
13 April 2006
Municipal Court in Novi Pazar
27 December 2005
11 July 2006
74677/12
10 November 2012
Rasim NUMANOVIĆ
15 January 1949
Serbian
Municipal Court in Novi Pazar
8 June 2004
9 November 2005
11 September 2006
Municipal Court in Novi Pazar
7 October 2004
14 February 2006
8 June 2007
74753/12
16 November 2012
Djulsuma ZORANIĆ
13 November 1965
Serbian
Municipal Court in Novi Pazar
24 May 2004
14 December 2005
5 March 2007
Municipal Court in Novi Pazar
6 October 2004
24 August 2006
5 April 2007
10618/13
11 January 2013
Mahmut BADIĆ
18 December 1951
Serbian
Municipal Court in Novi Pazar
08 February 2005
7 September 2005
31 October 2006
Municipal Court in Novi Pazar
14 February 2006
14 February 2006
31 May 2007
10622/13
11 January 2013
Emira BADIĆ
4 February 1961
Serbian
Municipal Court in Novi Pazar
20 May 2004
14 December 2005
10 May 2006
Municipal court in Novi Pazar
24 August 2006
31 January 2007
2 July 2007
11614/13
6 February 2013
Safeta GODŽEVIĆ
10 March 1965
Serbian
Municipal Court in Novi Pazar
11 May 2007
Municipal Court in Novi Pazar
19 June 2007
13010/13
9 February 2013
Milosija TIOSAVLJEVIĆ
11 September 1963
Serbian
Municipal Court in Novi Pazar
18 December 2006
12 October 2006
14 December 2006
Municipal Court in Novi Pazar
14 February 2006
26 February 2007
31 May 2007
13014/13
9 February 2013
Radmila BEŠEVIĆ
24 November 1957
Serbian
Municipal Court in Novi Pazar
13 May 2004
Municipal Court in Novi Pazar
28 November 2007
14864/13
25 January 2013
Fatima KAČAR
6 November 1958
Serbian
Municipal Court in Novi Pazar
24 September 2003
22 June 2005
9 July 2007
27 July 2006
Municipal Court in Novi Pazar
3 December 2003
26 September 2005
19 March 2007
10 December 2007
14872/13
30 January 2013
Ljubinka DROBNJAK VUKIĆEVIĆ
29 August 1961
Serbian
Municipal Court in Novi Pazar
4 February 2005
14 September 2005
8 May 2006
Municipal Court in Novi Pazar
14 February 2006
14 February 2006
24 August 2006
15010/13
14 February 2013
Radmila STEFANOVIĆ PANTOVIĆ
27 January 1959
Serbian
Municipal Court in Novi Pazar
24 September 2004
1 March 2006
Municipal Court in Novi Pazar
27 December 2005
28 August 2006
15015/13
14 February 2013
Zumreta BIŠEVAC MARTINOVIĆ
7 January 1966
Serbian
Municipal Court in Novi Pazar
21 December 2004
12 September 2006
Municipal Court in Novi Pazar
27 December 2005
19 February 2007
17060/13
23 February 2013
Zumreta STUPLJANIN
14 November 1959
Serbian
Municipal Court in Novi Pazar
28 February 2005
22 March 2006
Municipal Court in Novi Pazar
27 December 2005
15 September 2006
17064/13
23 February 2013
Djulsuma ŠABANOVIĆ PALAMAR
23 January 1961
Serbian
Municipal Court in Novi Pazar
5 January 2005
17 October 2006
Municipal Court in Novi Pazar
30 January /2006
19 March 2007
17463/13
21 February 2013
Hasna KOLJŠI
3 September 1960
Serbian
Municipal Court in Novi Pazar
23 September 2003
5 April 2006
27 April 2007
Municipal Court in Novi Pazar
22 December 2003
6 February 2007
31 May 2007
17467/13
20 February 2013
Danica JANIĆ
7 January 1966
Serbian
Municipal Court in Novi Pazar
5 October 2005
3 May 2006
Municipal Court in Novi Pazar
25 August 2006
4 June 2007
17565/13
20 February 2013
Nermina LEKOVIĆ
25 January 1961
Serbian
Municipal Court in Novi Pazar
2 July 2004
20 March 2006
16 April 2007
Municipal Court in Novi Pazar
23 June 2005
20 December 2006
27 July 2007
20189/13
19 February 2013
Sabahudin LEKOVIĆ
27 February 1956
Serbian
Municipal Court in Novi Pazar
14 September 2004
13 April 2006
4 April 2007
Municipal court in Novi Pazar
22 June 2005
12 July 2006
18 June 2007
20195/13
19 February 2013
Fetija BULIĆ ETEMOVIĆ
20 March 1961
Serbian
Municipal Court in Novi Pazar
10 December 2004
Municipal Court in Novi Pazar
6 January 2006
21034/13
1 March 2013
Safet JEREBIČANIN
8 October 1953
Serbian
Municipal Court in Novi Pazar
23 October 2003
29 December 2005
8 June 2006
Municipal Court in Novi Pazar
16 January 2004
15 May 2006
24 August 2006
Full & Egal Universal Law Academy