SECOND SECTION
DECISION
Application no. 49990/20
Radmilo MIJAILOVIĆ against Serbia
and 19 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 25 November 2021 as a Committee composed of:
Pauliine Koskelo, President,
Branko Lubarda,
Marko Bošnjak, judges,
and Viktoriya Maradudina, 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 Mr M. Zeković, a lawyer practising in Belgrade.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement of domestic decisions given against socially/State-owned companies were communicated to the Serbian Government (“the Government”).
The Court received the 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, 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 16 December 2021.
Viktoriya Maradudina Pauliine Koskelo
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1
(non-enforcement of domestic decisions given against socially/State-owned companies)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
per applicant (in euros)[1] [2]
Amount awarded for costs and expenses per application
(in euros)[3]
49990/20
05/11/2020
Radmilo MIJAILOVIĆ
1959
13/10/2021
23/08/2021
1,000
250
49997/20
05/11/2020
Radivoje ANTIĆ
1964
07/10/2021
24/08/2021
1,000
250
50004/20
05/11/2020
Rade OROLIĆ
1958
07/10/2021
24/08/2021
1,000
250
50032/20
05/11/2020
Vladan KONDŽULOVIĆ
1984
07/10/2021
23/08/2021
1,000
250
50034/20
05/11/2020
Milutin JOVANOVIĆ
1961
07/10/2021
24/08/2021
1,000
250
50100/20
05/11/2020
Slobodan LIČINAR
1966
13/10/2021
10/08/2021
1,000
250
50104/20
05/11/2020
Zoran ILIĆ
1960
07/10/2021
23/08/2021
1,000
250
50105/20
05/11/2020
Seladin IBRAHIMOV
1955
07/10/2021
24/08/2021
1,000
250
50107/20
05/11/2020
Jelena RADOJKIĆ
1975
13/10/2021
23/08/2021
1,000
250
50115/20
05/11/2020
Darko RAIČEVIĆ
1964
13/10/2021
23/08/2021
1,000
250
50119/20
05/11/2020
Nikola VULIĆ
1983
07/10/2021
24/08/2021
1,000
250
50120/20
05/11/2020
Zoran IVKOVIĆ
1955
07/10/2021
24/08/2021
1,000
250
50121/20
05/11/2020
Vesna VASILJEVIĆ
1967
07/10/2021
24/08/2021
1,000
250
52625/20
24/11/2020
Božidar MILOVANOVIĆ
1943
13/10/2021
23/08/2021
1,000
250
52627/20
24/11/2020
Stevo ĆALIĆ
1959
13/10/2021
11/08/2021
1,000
250
52649/20
24/11/2020
Ljiljana JOVIČIĆ
1964
13/10/2021
11/08/2021
1,000
250
52658/20
24/11/2020
Mlađo MARKOVIĆ
1963
13/10/2021
11/08/2021
1,000
250
52661/20
24/11/2020
Irena TANIĆ
1977
13/10/2021
11/08/2021
1,000
250
52762/20
24/11/2020
Obrad VOJVODIĆ
1958
13/10/2021
11/08/2021
1,000
250
52763/20
24/11/2020
Stanko STANKOVIĆ
1954
13/10/2021
11/08/2021
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.