THIRD SECTION
DECISION
Application no. 25556/12
Dušanka MORAČANIN against Serbia
and 22 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 10 June 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 7 April 2012 and 15 April 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 27 September 2013 and 15 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 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
place of residence
nationality
Represented by
Final domestic decision details
Enforcement order details
25556/12
07/04/2012
Dušanka MORAČANIN
03/05/1953
Serbian
Rodoljub MARINKOVIĆ
1.Municipal Court in Novi Pazar
P1895/07 of 05/11/2008
1. Court of First Instance in Novi Pazar
I.1014/11 of 29/06/2011
38461/12
09/06/2012
Petkana PAVLOVIĆ
12/12/1958
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar
P1.br.216/09 of 16 April 2007
1. Municipal Court in Novi Pazar
I.br.1214/11 of 11 July 2011
38533/12
09/06/2012
Ramiz KAHROVIĆ
12/07/1948
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar
P1.br.63/08 of 11 december 2008
1. Municipal Court in Novi Pazar
19 Ibr.1009/11 of 29 June 2011
38587/12
09/06/2012
Slavomirka ŽIVKOVIĆ
10/10/1957
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar
P1.895/04 of 29/09/2004
2. Municipal Court in Novi Pazar
P1.712 /0/ of 17/02/2009
1. Municipal Court in Novi Pazar
I.689/06 of 06/06/2006
2. Municipal Court in Novi Pazar
I.962/11 of 23/06/2011
47539/12
29/06/2012
Husnija MEHOVIĆ
29/10/1955
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar
P1.br.349/08 of 21 January 2009
1. Municipal Court in Novi Pazar
20 I.br.1018/11 of 29 June 2011
47944/12
24/07/2012
Milomirka MAKSIMOVIĆ
08/06/1957
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar
P1.109/09 of 19/10/2009
1. Court of First Instance in Novi Pazar
I.2037/11 of 18/11/2011
48116/12
24/07/2012
Enisa HAMIDOVIĆ
22/09/1966
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar
P1.br.121/09 of 24 April 2009
1. Municipal Court in Novi Pazar
20 I.br.2040/11 of 18 November 2011
48712/12
23/07/2012
Vitomirka GLOĐOVIĆ
27/02/1963
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar
P1 994/07 of 22/10/2009
1. Court of First Instance in Novi Pazar
I.1044/11 of 30/06/2011
52143/12
08/08/2012
Momčilo MILOŠEVIĆ
05/07/1957
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar
P1.111/09 of 30/03/2009
1. Court of First Instance in Novi Pazar
I.1935/11 of 02/11/2011
52481/12
13/08/2012
Marko LETIĆ
17/03/1956
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar
P1.84/09 of 13/10/2009
1. Court of First Instance in Novi Pazar
I.1239/11 of 11/07/2011
60878/12
31/08/2012
Milhata IBRAHIMOVIĆ
09/12/1954
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar
P1.254/08 of 19/05/2009
1. Court of First Instance in Novi Pazar
I.1242/11 of 11/07/2011
64105/12
29/09/2012
Muška BIŠEVAC
27/02/1966
Serbian
Rodoljub MARINKOVIĆ
1. Court of First Instance in Novi Pazar
P1.82/09 of 12/03/2009
1. Court of First Instance in Novi Pazar
I.1218/11 of 11/07/2011
64106/12
29/09/2012
Indira RUSTIĆ
26/05/1965
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar
P1.271/09 of 10/06/2009
1. Court of First Instance in Novi Pazar
I.1222/11 of 11/07/2011
66180/12
05/10/2012
Selim UJKANOVIĆ
05/10/1945
Serbian
Rodoljub MARINKOVIĆ
1. Court of First Instance in Novi Pazar
P1.281/11 of 26/10/2011
1. Court of First Instance in Novi Pazar
I.94/12 of 19/01/2012
66187/12
05/10/2012
Miroslav RATKOVIĆ
24/03/1958
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar
P1.115/09 of 03/03/2009
1. Court of First Instance in Novi Pazar
I.1950/11 of 07/11/2011
66188/12
05/10/2012
Nada MILIĆEVIĆ
07/12/1958
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar
P1.1001/07 of 21/10/2008
1. Court of First Instance in Novi Pazar
I.961/11 of 23/06/2011
68039/12
13/10/2012
Medo SULJOVIĆ
22/07/1965
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar
P1.112/09 of 13/10/2009
1. Court of First Instance in Novi Pazar
I.2149/11 of 01/12/2011
68165/12
13/10/2012
Avdo KAHROVIĆ
10/02/1956
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar
P1.116/09 of 25/09/2009
1. Court of First Instance in Novi Pazar
I.2151/11 of 01/12/2011
68170/12
13/10/2012
Marica MAKSIMOVIĆ
08/05/1958
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar
P1.1002/07 of 19/03/2008
1. Court of First Instance in Novi Pazar
I.1050/11 of 30/06/2011
71280/12
30/10/2012
Slavomirka GAŠOVIĆ
02/04/1953
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar
P1.480/08 of 08/09/2008
1. Court of First Instance in Novi Pazar
I.984/11 of 24/06/2011
71993/12
30/10/2012
Stojanka DRAMIČANIN
24/02/1954
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar
P1.89/09 of 12/03/2009
1. Court of First Instance in Novi Pazar
I.1213/11 of 08/07/2011
76002/12
07/11/2012
Zoran RADANOVIĆ
02/10/1962
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar
P1.143/09 19/10/2009
1. Court of First Instance in Novi Pazar
I.2148/11 of 01/12/2011
32183/13
15/04/2013
Goran JEREMIĆ
08/05/1962
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar
P.1 br. 144/09 of 31 March 2009
1. Court of First Instance in Novi Pazar
I.br. 1946/11 of 7 November 2011
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