SECOND SECTION
DECISION
Application no. 37143/20
Olivera MILENOVA against Serbia
and 19 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 9 December 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 date 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 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 January 2022.
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]
37143/20
10/08/2020
Olivera MILENOVA
1971
01/10/2021
13/10/2021
1,000
250
37144/20
10/08/2020
Ana DEJANOVIĆ
1967
01/10/2021
13/10/2021
1,000
250
37145/20
10/08/2020
Miroslav PAUNOVIĆ
1953
01/10/2021
13/10/2021
1,000
250
37146/20
10/08/2020
Predrag RADOSAVLJEVIĆ
1953
01/10/2021
13/10/2021
1,000
250
37149/20
10/08/2020
Jordan KOVAČEVIĆ
1953
01/10/2021
13/10/2021
1,000
250
37153/20
10/08/2020
Dragoslavka NEDELJKOVIĆ
1959
01/10/2021
13/10/2021
1,000
250
37204/20
10/08/2020
Ivana DIKIĆ
1984
01/10/2021
13/10/2021
1,000
250
37211/20
10/08/2020
Ivan ANTIĆ
1981
01/10/2021
13/10/2021
1,000
250
37214/20
10/08/2020
Dušan IVANOVIĆ
1969
01/10/2021
13/10/2021
1,000
250
37216/20
10/08/2020
Zoran PETROVIĆ
1960
01/10/2021
13/10/2021
1,000
250
37218/20
10/08/2020
Dragan STEVANOVIĆ
1967
01/10/2021
13/10/2021
1,000
250
37219/20
10/08/2020
Miomir PETROVIĆ
1956
01/10/2021
13/10/2021
1,000
250
37220/20
10/08/2020
Vojkan DIMITRIJEVIĆ
1969
01/10/2021
13/10/2021
1,000
250
37222/20
10/08/2020
Bratislav BILIBAJKIĆ
1955
01/10/2021
13/10/2021
1,000
250
37224/20
10/08/2020
Miroslav SIMIĆ
1963
01/10/2021
13/10/2021
1,000
250
37227/20
10/08/2020
Milutin DINIĆ
1955
01/10/2021
13/10/2021
1,000
250
38062/20
10/08/2020
Milenko BUČIĆ
1956
01/10/2021
13/10/2021
1,000
250
38076/20
10/08/2020
Snežana STEFANOVIĆ
1954
01/10/2021
13/10/2021
1,000
250
38078/20
10/08/2020
Bosanka SPIRIDONOVIĆ
1968
01/10/2021
13/10/2021
1,000
250
38147/20
10/08/2020
Snežana RADOJEVIĆ
1957
01/10/2021
13/10/2021
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.