THIRD SECTION
DECISION
Application no. 2400/13
Emina MAVRIĆ against Serbia
and 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 17 December 2012 and 14 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 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 6 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 settlements reached between the parties. It is satisfied that the settlements are 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
No.
Application
no. and date of introduction
Applicant name
date of birth
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
2400/13
17/12/2012
Emina MAVRIĆ
24/06/1958
Serbian
Refija GARIBOVIĆ
Tutin
04/07/2006
03/10/2006
9228/13
05/09/2012
Azemina ĆURKIĆ
24/04/1959
Serbian
Refija GARIBOVIĆ
Novi Pazar
12/12/2007
04/07/2011
11539/13
27/09/2012
Ramiza UGLJANIN
29/06/1958
Serbian
Refija GARIBOVIĆ
Novi Pazar
1. 07/05/2004
2. 28/10/2004
3. 02/03/2006
4. 03/12/2007
1. 15/06/2004
2. 17/12/2004 and 2/10/2006
3. 15/05/2006
4. 22/06/2011
16878/13
26/02/2013
Kada ĐERLEK
13/01/1961
Serbian
Refija GARIBOVIĆ
Tutin
1. 27/11/2002
2. 13/05/2004
1. 27/01/2003
2. 08/07/2004
47423/13
29/06/2013
Jeremija MIJAILOVIĆ
17/05/1954
Serbian
Rodoljub MARINKOVIĆ
Novi Pazar
09/04/2008
30/06/2011
49797/13
19/06/2013
Jusuf IBRAHIMOVIĆ
17/02/1952
Serbian
Emir FETAHOVIĆ
Novi Pazar
1. 26/08/2003
2. 12/01/2006
3. 11/01/2007
4. 27/02/2007
1. 15/12/2003
2. 11/05/2006
3. 30/03/2007
4. 05/04/2007
54536/13
14/08/2013
Mahit ISLAMOVIĆ
15/06/1945
Serbian
Emir FETAHOVIĆ
Novi Pazar
1. 06/10/2004
2. 22/03/2006
1. 15/09/2006
2. 30/01/2006
54541/13
14/08/2013
Branislavka MIŠOVIĆ - DEČEVIĆ
22/11/1955
Serbian
Emir FETAHOVIĆ
Novi Pazar
1. 01//06/2004
2. 28/11/2005
3. 28/06/2006
1. 28/09/2006
2. 28/09/2006
3. 25/10/2004
54544/13
14/08/2013
Hilmo BILALOVIĆ
03/03/1956
Serbian
Emir FETAHOVIĆ
Novi Pazar
1. 08/06/2004
2. 08/11/2005
3. 28/08/2006
1. 04/06/2007
2. 27/12/2005
3. 25/10/2004
54580/13
14/08/2013
Mirsada JAŠAROVIĆ
01/04/1964
Serbian
Emir FETAHOVIĆ
Novi Pazar
1. 13/07/2004
2. 27/07/2006
3. 06/03/2007
1. 23/04/2007
2. 19/02/2007
3. 23/06/2005
54589/13
14/08/2013
Zineta ZEĆOVIĆ - ZEČEVIĆ
20/04/1967
Serbian
Emir FETAHOVIĆ
Novi Pazar
1. 28/02/2005
2. 10/03/2006
3. 22/02/2007
1. 28/04/2006
2. 19/12/2006
3. 24/04/2007
Full & Egal Universal Law Academy