THIRD SECTION
DECISION
Application no. 6805/12
Milorad MIŠKOVIĆ against Serbia
and 14 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 9 September 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 25 October 2011 and 18 May 2012,
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 7 January 2014 and 3 July 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 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.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
APPENDIX
No.
Application
no. and date of introduction
Applicant name
date of birth
place of residence
nationality
Final domestic decision details
Enforcement order details
6805/12
28/12/2011
Milorad MIŠKOVIĆ
22/09/1957
Serbian
Municipal Court in Šabac
1. 19/10/2005
Municipal Court in Šabac
1. 05/04/2007
7633/12
30/12/2011
Zoran RADOVANOVIĆ
20/01/1968
Serbian
Municipal Court in Šabac
1. 11/12/2006
Municipal Court in Šabac
1. 22/01/2007
7641/12
30/12/2011
Dragan MLADENOVIĆ
18/02/1962
Serbian
Municipal Court in Šabac
1. 14/04/2005
2. 21/10/2005
Municipal Court in Šabac
1. 2 April 2007
7710/12
30/12/2011
Dragan ZARIĆ
07/07/1950
Serbian
Municipal Court in Šabac
1. 23/09/2005
Municipal Court in Šabac
1. 10/11/2005
7790/12
28/12/2011
Nevena FILIPOVIĆ
03/04/1951
Serbian
Municipal Court in Šabac
1. 15/12/2006
Municipal Court in Šabac
1. 02/04/2007
7991/12
16/01/2012
Veljko DAVIDOVIĆ
17/01/1963
Serbian
Municipal Court in Šabac
1. 17/03/2005
Municipal Court in Bogatić
1. 11/08/2006
8049/12
26/12/2011
Živorad LUKIĆ
12/08/1949
Serbian
Municipal Court in Šabac
1. 23/09/2005
Municipal Court in Šabac
1. 4/12/2007 (request for enforcement)
8065/12
26/12/2011
Andrija PANTIĆ
27/02/1948
Serbian
Municipal Court in Šabac
1. 24/10/2005
Municipal Court in Bogatić
1. 25/12/2008
8098/12
26/12/2011
Ivan GRUJIČIĆ
12/12/1956
Serbian
Municipal Court in Šabac
1. 14/10/2006
Municipal Court in Šabac
1. 14/03/2007
8318/12
25/11/2011
Radivoje SIMEUNOVIĆ
08/11/1949
Serbian
Municipal Court in Šabac
1. 08/06/2004
2. 07/09/2006
Municipal Court in Šabac
1. 29/11/2006
2. 12/04/2007
8510/12
05/12/2011
Gojko TOPIĆ
07/04/1948
Serbian
Municipal Court in Šabac
1. 09/11/2006
Municipal Court in Šabac
1. 02/04/2007
8565/12
29/11/2011
Petar PAVIĆ
12/07/1949
Serbian
Municipal Court in Šabac
1. 12/01/2007
Municipal Court in Šabac
1. 21/03/2007
8954/12
27/01/2012
Ljiljana NIKOLAJEVIĆ
20/07/1959
Serbian
Municipal Court in Šabac
1. 23/09/2005
Municipal Court in Bogatić
1. 05/09/2006
17570/12
07/03/2012
Đura BURSAĆ
05/04/1950
Serbian
Municipal Court in Šabac
1. 21/07/2006
Municipal Court in Šabac
1. 16/02/2007
35014/12
18/05/2012
Verica PETROVIĆ
14/12/1950
Serbian
Municipal Court in Šabac
1. 10/03/2004
Municipal Court in Bogatić
1. 10/02/2009
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