THIRD SECTION
DECISION
Application no. 29292/13
Dževahira MAVRIĆ-MIRALJEMOVIĆ against Serbia
and 36 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 16 March 2013 and 5 August 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. 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 8 October 2013 and 10 March 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
Enforcement order details
29292/13
16/03/2013
Dževahira MAVRIĆ-MIRALJEMOVIĆ
17/09/1952
Serbian
Idriz MUDERIZOVIĆ
1. Municipal Court in Novi Pazar of 24 May 2004
2. Municipal Court in Novi Pazar of 5 October 2005
1. Municipal Court in Novi Pazar of 6 October 2004
2. Municipal Court in Novi Pazar of 24 August 2006
29294/13
25/03/2013
Slavoljuba VUČIĆEVIĆ
24/06/1952
Serbian
Zoran JANIĆIJEVIĆ
1. Municipal Court in Novi Pazar of 25 March 2004
1. Municipal Court in Novi Pazar of 3 August 2004
42618/13
04/06/2013
Nadežda MOJSILOVIĆ
06/08/1957
Serbian
Rodoljub MARINKOVIĆ
1. Court of First Instance in Novi Pazar of 14 July 2010
1. Court of First Instance in Novi Pazar of 1 December 2011
42621/13
05/06/2013
Muamera KALAČ
13/05/1960
Serbian
Refija GARIBOVIĆ
1. Municipal Court in Novi Pazar of 22 September 2004
1. Municipal Court in Novi Pazar of 6 June 2006
42622/13
05/06/2013
Mahija LIČINA
05/03/1958
Serbian
Refija GARIBOVIĆ
1. Municipal Court in Tutin of 9 December 2002
2, Municipal Court in Tutin of 29 June 2004
1. Municipal Court in Tutin of 27 January 2003
2. Municipal Court in Tutin of 3 August 2004
43064/13
10/05/2013
Konstantil JANKOVIĆ
01/02/1959
Serbian
Slobodan MILANOVIĆ
1. Municipal Court in Novi Pazar of 28 September 2004
1. Municipal Court in Novi Pazar of 26 November 2004
45929/13
14/05/2013
Bahrija HUJEVIĆ
15/04/1963
Serbian
Rodoljub MARINKOVIĆ
1. Court of First Instance in Novi Pazar of 19 April 2010
1. Court of First Instance in Novi Pazar of 8 July 2011
45960/13
08/07/2013
Zehra ZEĆOVIĆ-ČEKOVIĆ
17/04/1966
Serbian
Emir FETAHOVIĆ
1. Municipal Court in Novi Pazar of 7 May 2003
2. Municipal Court in Novi Pazar of 22 March 2005
3. Municipal Court in Novi Pazar of 3 October 2005
4. Municipal Court in Novi Pazar of 16 April 2007
1. Municipal Court in Novi Pazar of 17 July 2003
2. Municipal Court in Novi Pazar of 27 December 2005
3. Municipal Court in Novi Pazar of 23 November 2006
4. Municipal Court in Novi Pazar of 27 July 2006
45964/13
08/07/2013
Nafija KUČEVIĆ
22/05/1958
Serbian
Naser EJUPOVIĆ
1. Municipal Court in Novi Pazar of 18 October 2007
2. Municipal Court in Novi Pazar of 27 March 2008
1. Municipal Court in Novi Pazar of 28 November 2007
2. Municipal Court in Novi Pazar of 29 June 2011
46893/13
11/06/2013
Novak MILENKOVIĆ
02/02/1948
Serbian
Rodoljub MARINKOVIĆ
1. Court of First Instance in Novi Pazar of 19 April 2010
1. Court of First Instance in Novi Pazar of 25 November 2011
46929/13
10/06/2013
Zejna EJUPOVIĆ
10/03/1960
Serbian
Naser EJUPOVIĆ
1. Municipal Court in Novi Pazar of 21 June 2004
2. Municipal Court in Novi Pazar of 12 October 2005
3. Municipal Court in Novi Pazar of 8 May 2006
1. Municipal Court in Novi Pazar of 27 December 2004
2. Municipal Court in Novi Pazar of 14 February 2006
3. Municipal Court in Novi Pazar of 17 July 2006
46931/13
10/06/2013
Nadžija KICARA
15/06/1965
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar of 17 August 2009
1. Court of First Instance in Novi Pazar of 11 July 2011
47052/13
01/07/2013
Miljojka RADOSAVLJEVIC
28/12/1965
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar of 7 July 2007
1. Court of First Instance in Novi Pazar of 30 June 2011
47089/13
28/05/2013
Slavka BALOVIĆ AMANOVIĆ
13/03/1956
Serbian
Slobodan MILANOVIĆ
1. Municipal Court in Novi Pazar of 9 June 2004
2. Court of First Instance in Novi Pazar of 10 May 2010
1. Municipal Court in Novi Pazar 29 October 2004
2. Court of First Instance in Novi Pazar of 3 October 2011
47167/13
23/05/2013
Hankija ŠAHMAN
27/01/1958
Serbian
Vesna CUKAVAC
1. Municipal Court in Novi Pazar of 3 October 2005
1. Municipal Court in Novi Pazar of 27 December 2005
47531/13
25/06/2013
Esmana SELMANOVIĆ
04/03/1958
Serbian
Hasim KLIMENTA
1. Municipal Court in Tutin of 28 November 2002
1. Municipal Court in Novi Pazar of 27 January 2003
52815/13
23/07/2013
Senada JAŠAREVIĆ
26/01/1968
Serbian
Rodoljub MARINKOVIĆ
Court of First Instance in Novi Pazar of 16 February 2010
Court of First Instance in Novi Pazar of 11 July 2011
52866/13
24/07/2013
Kimeta KAMBOVIĆ
03/09/1958
Serbian
Emir FETAHOVIĆ
1. Municipal Court in Novi Pazar of 26 November 2004
2. Municipal Court in Novi Pazar of 23 June 2006
3. Municipal Court in Novi Pazar of 23 June 2006
1. Municipal Court in Novi Pazar of 27 December 2005
2. Municipal Court in Novi Pazar of 31 August 2006
52869/13
24/07/2013
Ernest KOLAŠINAC
24/05/1961
Serbian
Emir FETAHOVIĆ
1. Municipal Court in Novi Pazar of 27 September 2004
2. Municipal Court in Novi Pazar of 21 November 2005
3. Municipal Court in Novi Pazar of 6 March 2007
1. Municipal Court in Novi Pazar of 27 December 2005
2. Municipal Court in Novi Pazar of 20 April 2006
3. Municipal Court in Novi Pazar of 21 May 2007
52872/13
24/07/2013
Zejnepa HAJDAROVIĆ
16/04/1964
Serbian
Emir FETAHOVIĆ
1. Municipal Court in Novi Pazar of 11 October 2006
1. Municipal Court in Novi Pazar of 20 December 2006
52875/13
24/07/2013
Ešref OSMANOVIĆ
24/06/1966
Serbian
Emir FETAHOVIĆ
1. Municipal Court in Novi Pazar of 26 November 2004
2. Municipal Court in Novi Pazar of 20 October 2006
1. Municipal Court in Novi Pazar of 27 December 2005
Municipal Court in Novi Pazar of 29 March 2007
52877/13
24/07/2013
Hasima BEROVIĆ UKIĆ
12/04/1963
Serbian
Emir FETAHOVIĆ
1. Municipal Court in Novi Pazar of 10 September 2004
2. Municipal Court in Novi Pazar of 25 May 2006
1. Municipal Court in Novi Pazar of 23 June 2005
2. Municipal Court in Novi Pazar of 28 August 2006
52881/13
24/07/2013
Sanja HAŠIMOVIĆ
06/04/1963
Serbian
Emir FETAHOVIĆ
1. Municipal Court in Novi Pazar of 4 October 2004
2. Municipal Court in Novi Pazar of 20 June 2006
3. Municipal Court in Novi Pazar of 23 May 2007
1. Municipal Court in Novi Pazar of 16 April 2007
2. Municipal Court in Novi Pazar of 26 April 2007
3. Municipal Court in Novi Pazar of 24 September 2007
53050/13
05/08/2013
Safeta HASANOVIĆ
01/11/1968
Serbian
Refija GARIBOVIĆ
1. Municipal Court in Novi Pazar of 8 March 2007
1. Municipal Court in Novi Pazar of 10 April 2007
53812/13
01/07/2013
Nada VUKOMANOVIĆ
20/05/1952
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar of 1 October 2008
1. Court of First Instance in Novi Pazar of 24 June 2011
54629/13
16/08/2013
Jasmin REDŽOVIĆ
12/05/1990
Serbian
Naser EJUPOVIĆ
1. Municipal Court in Novi Pazar of 24 November 2004
2. Municipal Court in Novi Pazar of 13 April 2006
1. Municipal Court in Novi Pazar of 27 December 2005
2. Municipal Court in Novi Pazar of 12 July 2006
54631/13
14/08/2013
Jasmina SABANOVIC
12/06/1966
Serbian
Emir FETAHOVIĆ
1. Municipal Court in Novi Pazar of 25 June 2003
2. Municipal Court in Novi Pazar of 13 September 2005
3. Municipal Court in Novi Pazar of 18 September 2006
1. Municipal Court in Novi Pazar of 23 September 2003
2. Municipal Court in Novi Pazar of 11 July 2006
3. Municipal Court in Novi Pazar of 25 June 2007
54637/13
14/08/2013
Ifeta REČ - KUČEVIĆ
14/10/1965
Serbian
Emir FETAHOVIĆ
1. Municipal Court in Novi Pazar of 10 June 2004
2. Municipal Court in Novi Pazar of 22 November 2005
3. Municipal Court in Novi Pazar of 20 June 2006
1. Municipal Court in Novi Pazar of 6 October 2004
2. Municipal Court in Novi Pazar of 14 Februa 2006
3. Municipal Court in Novi Pazar of 15 May 2007
54643/13
14/08/2013
Rasima PRELJEVIĆ
15/04/1959
Serbian
Emir FETAHOVIĆ
1. Municipal Court in Novi Pazar of 24 February 2005
2. Municipal Court in Novi Pazar of 27 July 2006
3. Municipal Court in Novi Pazar of 9 July 2007
1. Municipal Court in Novi Pazar of 27 December 2005
2. Municipal Court in Novi Pazar of 29 March 2007
3. Municipal Court in Novi Pazar of 13 December 2007
54652/13
15/08/2013
Enes ĆOROVIĆ
21/04/1957
Serbian
Esad KLIMENTA
1. Municipal Court in Novi Pazar of 11 April 2008
1. Court of First Instance in Novi Pazar of 9 May 2011
56244/13
29/08/2013
Mujesira KAHROVIĆ
02/06/1956
Serbian
Rodoljub MARINKOVIĆ
Court of First Instance in Novi Pazar of 28 July 2011
Court of First Instance in Novi Pazar of 20 August 2012
56342/13
29/08/2013
Sadeta NURKOVIĆ
03/02/1966
Serbian
Rodoljub MARINKOVIĆ
Court of First Instance in Novi Pazar of 6 March 2012
Court of First Instance in Novi Pazar of 20 August 2012
57268/13
30/08/2013
Edina MUŠIĆ
28/10/1964
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar - 24 May 2004
Municipal Court in Novi Pazar - 6 October 2004
57277/13
02/09/2013
Ilka DERVOVIĆ
01/12/1956
Serbian
Emir FETAHOVIĆ
1. Municipal Court in Novi Pazar 23 October 2003
2. Municipal Court in Novi Pazar 22 November 2005
3. Municipal Court in Novi Pazar 8 June 2006
1. Municipal Court in Novi Pazar 25 February 2004
2. Municipal Court in Novi Pazar 14 February 2006
3. Municipal Court in Novi Pazar 15 September 2006
57439/13
29/08/2013
Grozdana ILIĆ
13/04/1954
Serbian
Nataša MIJALJEVIĆ
Municipal Court in Novi Pazar of 25 September 2009
Court of First Instance in Novi Pazar of 14 June 2011
57442/13
29/08/2013
Naza ŠAĆIROVIĆ
25/02/1957
Serbian
Ramiza ĐAKOVAC
Municipal Court in Novi Pazar of 26 March 2004
Municipal Court in Novi Pazar of 15 June 2004
58055/13
05/08/2013
Biljana STOJANOVIĆ
01/04/1957
Serbian
Refija GARIBOVIĆ
1. Appeals Court in Kragujevac of 16 September 2011
1. Court of First Instance in Novi Pazar 4 October 2011
Full & Egal Universal Law Academy