FOURTH SECTION
DECISION
Application no. 17144/18
Mićo MIĆOVIĆ against Serbia
and 17 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 3 September 2020 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Georges Ravarani,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Ms R. Garibović, a lawyer practising in Novi Pazar.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement or delayed enforcement of domestic decisions given against socially/State-owned companies were communicated to the Serbian Government (“the Government”).
The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Serbia in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the 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 Government also undertake to ensure the enforcement of the domestic decisions under consideration in the cases concerned (see appended table) within the same three-month period, and to pay any costs of the domestic enforcement proceedings.
The payment and the enforcement of the domestic decisions in the cases concerned will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 the Protocols thereto 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.
Done in English and notified in writing on 24 September 2020.
Liv TigerstedtStéphanie Mourou-Vikström
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1
(non-enforcement or delayed enforcement of domestic decisions given against socially/State-owned companies)
No.
Application no.
Date of introduction
Applicant’s name
Date of birth
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
per applicant/household
(in euros)[1] [2]
Amount awarded for costs and expenses per application
(in euros)[3]
17144/18
28/03/2018
Mićo MIĆOVIĆ
07/01/1963
23/06/2020
10/03/2020
1,000
250
37576/18
25/07/2018
Dragan TEŠOVIĆ
23/08/1959
23/06/2020
10/03/2020
1,000
250
37784/18
23/07/2018
Dragan ĐOKIĆ
04/02/1954
23/06/2020
10/03/2020
1,000
250
39359/18
06/08/2018
Adam MARKOVIĆ
15/04/1982
23/06/2020
10/03/2020
1,000
250
39379/18
10/08/2018
Miodrag JOVANOVIĆ
04/01/1965
23/06/2020
10/03/2020
1,000
250
40839/18
17/08/2018
Mirko BOGIĆEVIĆ
06/03/1964
23/06/2020
10/03/2020
1,000
250
53388/18
29/10/2018
(3 applicants)
Household
Dušica ĐURIĆ
26/07/1975
Milica ĐURIĆ
24/07/2010
Miloš ĐURIĆ
08/09/2007
23/06/2020
10/03/2020
1,000
250
53539/18
31/10/2018
Vladan NIKOLIĆ
29/05/1973
23/06/2020
10/03/2020
1,000
250
53579/18
02/11/2018
Tomislav GLIŠIĆ
03/04/1954
23/06/2020
10/03/2020
1,000
250
8604/19
28/01/2019
Mevljuda VUČELJ
26/04/1958
23/06/2020
10/03/2020
1,000
250
8732/19
24/01/2019
Muamera NUROVIĆ
24/05/1956
23/06/2020
10/03/2020
1,000
250
8932/19
31/01/2019
Ćerim MRLJAKU
14/03/1956
23/06/2020
10/03/2020
1,000
250
9235/19
07/02/2019
Zajim ŠEHOVIĆ
01/02/1960
23/06/2020
10/03/2020
1,000
250
9895/19
04/02/2019
Atija ĆATOVIĆ
10/01/1962
23/06/2020
10/03/2020
1,000
250
12716/19
25/02/2019
Harun MUJKOVIĆ
24/02/1966
23/06/2020
10/03/2020
1,000
250
15483/19
04/03/2019
Jasmina KOCA
01/02/1960
23/06/2020
10/03/2020
1,000
250
16494/19
11/03/2019
Emina HAMZIĆ
28/06/1953
23/06/2020
10/03/2020
1,000
250
16833/19
15/03/2019
Ljutva KARIŠIK
25/03/1958
23/06/2020
10/03/2020
1,000
250
[1] Plus any tax that may be chargeable to the applicants.
[2] Less any amounts which may have already been paid in that regard at the domestic level.
[3] Plus any tax that may be chargeable to the applicants.
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