SECOND SECTION
DECISION
Application no. 47686/20
Mikica MILOŠEVIĆ 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]
47686/20
20/10/2020
Mikica MILOŠEVIĆ
1967
07/10/2021
24/08/2021
1,000
250
47691/20
20/10/2020
Marina BULATOVIĆ
1964
11/10/2021
24/08/2021
1,000
250
47692/20
20/10/2020
Ljubodrag RADISAVLJEVIĆ
1955
11/10/2021
24/08/2021
1,000
250
47696/20
20/10/2020
Bojana STAMENKOVIĆ
1977
11/10/2021
24/08/2021
1,000
250
47698/20
20/10/2020
Zoran RADOVANOVIĆ
1964
11/10/2021
24/08/2021
1,000
250
47699/20
20/10/2020
Samir SULJOVIĆ
1984
11/10/2021
24/08/2021
1,000
250
47722/20
20/10/2020
Ana PRODANOVIĆ
1962
12/10/2021
23/08/2021
1,000
250
47727/20
20/10/2020
Svetlana TOMIĆ
1963
07/10/2021
24/08/2021
1,000
250
47732/20
20/10/2020
Aleksandar MLADENOVIĆ
1954
11/10/2021
24/08/2021
1,000
250
47736/20
20/10/2020
Ljubiša ANTIĆ
1959
07/10/2021
24/08/2021
1,000
250
47739/20
20/10/2020
Momčilo JOVANOVIĆ
1961
12/10/2021
11/08/2021
1,000
250
47747/20
20/10/2020
Blaže TRAJČEV
1959
07/10/2021
24/08/2021
1,000
250
47750/20
20/10/2020
Dušan GAVRILOVIĆ
1951
11/10/2021
24/08/2021
1,000
250
47756/20
20/10/2020
Dejan CVETKOVIĆ
1967
07/10/2021
24/08/2021
1,000
250
47765/20
20/10/2020
Milan CULIĆ
1953
12/10/2021
22/08/2021
1,000
250
47767/20
20/10/2020
Golub MURATOVIĆ
1966
07/10/2021
24/08/2021
1,000
250
51048/20
05/11/2020
Miroslav PETROVIĆ
1961
07/10/2021
24/08/2021
1,000
250
51053/20
12/11/2020
Milan BLAZIĆ
1951
12/10/2021
22/08/2021
1,000
250
51057/20
12/11/2020
Vasil STOJANOV
1950
12/10/2021
10/08/2021
1,000
250
51060/20
12/11/2020
Draga NOVAKOVIĆ
1958
12/10/2021
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.