SECOND SECTION
DECISION
Applications nos. 47072/08 and 57009/08
Radomir MILJKOVIĆ against Serbia
The European Court of Human Rights (Second Section), sitting on 12 November 2013 as a Chamber composed of:
Guido Raimondi, President,
Peer Lorenzen,
Dragoljub Popović,
Nebojša Vučinić,
Paulo Pinto de Albuquerque,
Helen Keller,
Egidijus Kūris, judges,
and Stanley Naismith, Section Registrar,
Having regard to the above applications lodged on 22 September 2008 and 5 November 2008 respectively,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The case originated in two applications against the Republic of Serbia both lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Serbian national, Mr Radomir Miljković, (“the applicant”), who was born in 1952 and lived in Kraljevo. He was represented before the Court by Ms D. Todorović, a lawyer practising in Kraljevo. On 29 May 2012 the applicant’s representative informed the Court that the applicant had died on 30 March 2009.
The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
The applicant complained about the respondent State’s failure to fully enforce final court decisions of 7 February 2005 and 12 July 2005, rendered in his favour against a State-owned company.
On 26 December 2011 and 7 March 2012 the Court received friendly settlement declarations signed by the parties under which the applicant 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 him 5,500 euros (five thousand five hundred euros) to cover any non-pecuniary damage as well as costs and expenses, which would be converted into the domestic currency at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. It 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 this sum within the said three-month period, the Government undertook to pay simple interest on it, 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 adopted by the Municipal Court (Opštinski sud) in Kraljevo on 12 July and 7 February 2005 (domestic cases nos. IP. 752/04 and IP. 203/01) 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 case.
On 29 May 2012 the applicant’s representative informed the Court that in the framework of inheritance proceedings Mr Momčilo Miljković, the applicant’s brother, had been declared the applicant’s sole heir on 5 August 2009 and on 24 May 2012 in respect to the claims arising from final domestic decisions. In addition, the applicant’s representative submitted new declarations signed by the applicant’s brother and dated 26 December 2011. Subsequently, the applicant’s representative provided the Court with a power of attorney signed by the applicant’s heir.
In view of that and the Court’s case-law (see, for example, Deweer v. Belgium, 27 February 1980, §§ 37-38, Series A no. 35; and Kovačić and Others v. Slovenia [GC], nos. 44574/98, 45133/98 and 48316/99, §§ 189-192, 3 October 2008) on 9 October 2012 the Court decided that Mr Momčilo Miljković, as the applicant’s lawful heir under national law, had standing to proceed in the applicant’s stead.
On 13 September 2013 the Government informed the Court that they agreed with the previously signed declaration in the present case.
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 settlement reached between the parties. It is satisfied that the settlement is 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.
Stanley NaismithGuido Raimondi
RegistrarPresident
Full & Egal Universal Law Academy