THIRD SECTION
DECISION
Application no. 44211/12
Milanka MILETIĆ v. Serbia
and 19 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 27 May 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 3 July 2012 and 15 May 2013,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
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 different socially/State-owned companies. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 4 October 2013 and 6 January 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 (per applicant and not per application) 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 settlements reached between the parties. It is satisfied that the settlements are 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
nationality
Represented by
Final domestic decision details
Enforcement order details
44211/12
03/07/2012
Milanka MILETIĆ
18/05/1952
Serbian
Ismet KALIĆ
Municipal Court in Novi Pazar
P1. 853/04 of 11 November 2004
Municipal Court in Novi Pazar
I. 1990/2005 of 30/01/2006
45967/12
12/07/2012
Viktorija BOŽOVIĆ
09/07/1957
Serbian
Ranka PANTOVIĆ
Municipal Court in Novi Pazar
P1. 101/02 of 13 December 2002
Municipal Court in Novi Pazar
I.152/03 of 06/03/2003
55641/12
24/08/2012
Fatima TOTIĆ
24/05/1961
Serbian
Ramiza ĆOROVIĆ
Municipal Court in Novi Pazar
P1. 679/08 of 27 October 2009
Court of First Instance in Novi Pazar
19 I. 2247/11 of 8/12/2011
57784/12
27/08/2012
Nerandža PETROVIĆ
03/12/1962
Serbian
Mehmed HOT
Municipal Court in Novi Pazar
P1. 633/04 of 4 February 2005
Municipal Court in Novi Pazar
I. 304/06 of 12/04/2006
57795/12
30/08/2012
Jovanka BUGARIĆ
25/10/1947
Serbian
Mehmed HOT
Municipal Court in Novi Pazar
P1. 596/04 of 1 September 2004
Municipal Court in Novi Pazar
I. 1419/06 of 27/10/2006
58086/12
30/08/2012
Milanka MIJAILOVIĆ
26/09/1956
Serbian
Mehmed HOT
Municipal Court in Novi Pazar
P1. 700/04 of 1 September 2004
Municipal Court in Novi Pazar
I. 307/06 of 3/04/2006
60306/12
14/09/2012
Ivana MIJAILOVIĆ
18/07/1962
Serbian
Ismet KALIĆ
Municipal Court in Novi Pazar
1. P1. 540/06 of 10 November 2006
2. P1. 95/07 of 11 May 2007
Municipal Court in Novi Pazar
1. I. 150/07 of 26/02/2007
2. I.1291/07 of 20/06/2007
64155/12
27/09/2012
Dragica ĐOŠIĆ
07/03/1955
Serbian
Vladan PANTOVIĆ
Municipal Court in Novi Pazar
1. P1. 220/01 of 24 September 2002
2. P1. 181/05 of 22 June 2005
Municipal Court in Novi Pazar
1. I. 809/02 of 8/11/2007
2. I. 1126/05 of 14/09/2005
64845/12
28/09/2012
Mahija MAVRIĆ
27/02/1957
Serbian
Ismet KALIĆ
Municipal Court in Novi Pazar
1. P1. 451/04 od 2 July 2007
2. P1. 458/05 of 22 November 2005
3. P1. 743/06 of 28 August 2006
Municipal Court in Novi Pazar
1. I. 3/07 of 20 /07/2007
2. I. 370/06 of 20/04/2006
3. I. 1208/07 of 04/06/2007
67246/12
05/10/2012
Selva LOTINAC
12/05/1954
Serbian
Ismet KALIĆ
Municipal Court in Novi Pazar
1. P1. 876/04 of 5 January 2005
2. P1. 495/06 of 30 March 2006
Municipal Court in Novi Pazar
1. I. 1282/05 of 27/12/2005
2. I. 1174/06 of 29/08/2006
67378/12
10/10/2012
Fadila GICIĆ
28/02/1954
Serbian
Ismet KALIĆ
Municipal Court in Novi Pazar
P1. 441/02 of 22 October 2003
P1. 668/05 of 7 December 2012
Municipal Court in Novi Pazar
I. 1082/03 of 22/12/2003
I. 528/06 of 15/05/2006
76841/12
09/11/2012
Jasmina GAVRILOVIĆ
02/06/1980
Serbian
Municipal Court in Bosilegrad
P1. 8/07 of 28 April 2007
The applicant is an heir of the plaintiff in that case pursuant to the Bosilegrad Municipal Court’s decision no. O. 11/08 of 28 February 2008
Municipal Court in Vranje
I.1703/07 of 5/08/2008
76842/12
09/11/2012
Jasmina GAVRILOVIĆ
02/06/1980
Serbian
Municipal Court in Bosilegrad
P1. 9/07 of 28 April 2007
The applicant is an heir of the plaintiff in that case pursuant to the Bosilegrad Municipal Court’s decision no. O. 11/08 of 28 February 2008
Municipal Court in Vranje
I. 313/08 of 31/03/2008
5937/13
24/12/2012
Munirka BIHORAC
25/10/1952
Serbian
Ismet KALIĆ
Municipal Court in Novi Pazar
1. P1. 844/04 of 29 September 2004
2. P1. 404/06 of 24 May 2006
Municipal Court in Novi Pazar
1. I.1995/05 of 30/01/2006
2. I. 1239/06 of 31/07/2006
5944/13
24/12/2012
Razija ŠKRIJELJ (LIERMANN)
12/12/1966
Serbian
Ismet KALIĆ
Municipal Court in Novi Pazar
P1.442/04 of 4 November 2004
Municipal Court in Novi Pazar
I. 1266/05 of 27/12/2005
16960/13
27/02/2013
Mujesira ČALAKOVIĆ
29/05/1963
Serbian
Emir FETAHOVIĆ
Municipal Court in Tutin
P.332/02 of 10 December 2002
Municipal Court in Novi Pazar
I.11/03 of 28/01/2003
20690/13
15/03/2013
Jasmina ŠKRIJELJ
12/02/1962
Serbian
Ramiza ĆOROVIĆ
Court of First Instance in Novi Pazar
14 P1. 291/11 of 8 Dcember 2011
Court of First Instance in Novi Pazar
20 I. 105/12 of 20/01/2012
26817/13
04/04/2013
Vujica MILOSAVLJEVIĆ
17/05/1947
Serbian
Slobodan PETROVIĆ
Municipal Court in Vladičin Han
1. P. 294/03 of 10 June 2003
2. P. 1453/03 of 4 February 2004
3. P. 107/05 of 21 February 2005
Municipal Court in Vladičin Han
1. I. 393/03 of 6/10/2003
2. I. 383/04 of 26/03/2004
3. I. 2007/05 of 21/03/2005
31385/13
23/04/2013
Slavica PEJIĆ
04/11/1957
Serbian
Slobodan PETROVIĆ
Municipal Court in Vladičin Han
1. P. 837/03 of 22 October 2003
2. P. 1390/03 of 23 March 2004
Municipal Court in Vladičin Han
1. I. 818/03 of 22/12/2003
2. I. 610/04 of 21/05/2004
42442/13
15/05/2013
Nusret BEKTOVIĆ
24/04/1960
Serbian
Refija GARIBOVIĆ
Municipal Court in Novi Pazar
P1. 494/08 of 3 September 2008
Court of First Instance in Novi Pazar
I. 865/11 of 13 June 2011
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