SECOND SECTION
DECISION
Application no. 35956/21
Ivana MILIĆEVIĆ against Serbia
and 19 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 22 September 2022 as a Committee composed of:
Jovan Ilievski, President,
Gilberto Felici,
Diana Sârcu, 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 S. Aleksić, a lawyer practising in Niš.
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 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 13 October 2022.
Viktoriya Maradudina Jovan Ilievski
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 or delayed 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]
35956/21
25/06/2021
Ivana MILIĆEVIĆ
1986
29/08/2022
01/08/2022
1,000
250
37861/21
09/07/2021
Vesna RISTIĆ
1964
29/08/2022
01/08/2022
1,000
250
38281/21
19/07/2021
Sonja MILIVOJEVIĆ
1966
29/08/2022
01/08/2022
1,000
250
51457/21
11/10/2021
Zorica ARSIĆ
1972
29/08/2022
01/08/2022
1,000
250
51471/21
11/10/2021
Desimir MARINKOVIĆ
1947
29/08/2022
01/08/2022
1,000
250
51475/21
11/10/2021
Miodrag SIMIĆ
1959
29/08/2022
01/08/2022
1,000
250
51477/21
11/10/2021
Božidar ŽIVKOVIĆ
1950
29/08/2022
01/08/2022
1,000
250
51491/21
11/10/2021
Dejan JEREMIĆ
1972
29/08/2022
01/08/2022
1,000
250
51501/21
11/10/2021
Ćamilj KAMBEROVIĆ
1962
29/08/2022
01/08/2022
1,000
250
51604/21
11/10/2021
Saša ČAIROVIĆ
1982
29/08/2022
01/08/2022
1,000
250
58056/21
23/11/2021
Dalibor RADOVANOVIĆ
1983
29/08/2022
01/08/2022
1,000
250
58058/21
23/11/2021
Slavoljub JOVANOVIĆ
1968
29/08/2022
01/08/2022
1,000
250
58060/21
23/11/2021
Violeta TOMIĆ
1972
29/08/2022
01/08/2022
1,000
250
58061/21
23/11/2021
Jovica MIRKOVIĆ
1973
29/08/2022
01/08/2022
1,000
250
58065/21
23/11/2021
Dalibor STEFANOVIĆ
1974
29/08/2022
01/08/2022
1,000
250
58067/21
23/11/2021
Vasa JOVANOV
1956
29/08/2022
01/08/2022
1,000
250
58070/21
23/11/2021
Dragoslav STOJADINOVIĆ
1962
29/08/2022
01/08/2022
1,000
250
58104/21
23/11/2021
Marina KOSTIĆ
1967
29/08/2022
01/08/2022
1,000
250
58105/21
23/11/2021
Jovica ĐOKIĆ
1964
29/08/2022
01/08/2022
1,000
250
58107/21
23/11/2021
Milanka PETROVIĆ
1975
29/08/2022
01/08/2022
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.