THIRD SECTION
DECISION
Application no. 8170/12
Branko MIŠOVIĆ against Serbia
and 26 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 16 June 2015 as a Committee composed of:
Ján Šikuta, President,
Iulia Antoanella Motoc,
Branko Lubarda, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above applications lodged between 6 December 2011 and 6 April 2014,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
THE 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 socially/State-owned companies. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 3 October 2014 and 12 January 2015 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) less any amounts which may have already been paid in that regard at the domestic level 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.
Done in English and notified in writing on 9 July 2015.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
APPENDIX
No.
Application no. and date of introduction
Applicant name
date of birth
nationality
Final domestic decision details
Enforcement order details
Constitutional Court Decision
(if any)
8170/12
06/12/2011
Branko MIŠOVIĆ
03/08/1950
Serbian
Kragujevac
05/04/2011
09/07/2007
10/05/2011
20/04/2011 – the applicant requested the enforcement of the judgement
52702/12
04/06/2012
Snezana MARIĆEVIĆ
12/12/1967
Serbian
Aranđelovac
16/03/2009
02/06/2011
12596/13
13/02/2013
Stanislavka STANKOVIĆ
16/03/1947
Serbian
Vladičin Han
25/07/2003
16/09/2004
25/04/2005
30/01/2012
14993/13
21/02/2013
Radica DIMITRIJEVIĆ
09/01/1973
Serbian
Vladičin Han
12/02/2004
04/04/2004
16880/13
26/02/2013
Ljiljana RADIVOJEVIĆ
07/09/1962
Serbian
Aranđelovac
03/11/ 2004
25/05/2005
16934/13
01/03/2013
Ljiljana ILIĆ
21/03/1955
Serbian
Vladičin Han
10/11/2003
26/12/2003
29092/13
01/04/2013
Jasmina BIŠEVAC
10/01/1969
Serbian
Novi Pazar
17/09/2008
02/12/2011
01/03/2012
17/01/2013
50019/13
22/07/2013
Ajkuna PEPIĆ
14/11/1964
Serbian
Tutin
21/11/2006
Novi Pazar
09/05/2008 - enforcement rejected due to debtor’s restructuring
53818/13
11/07/2013
Goran GLIŠIĆ
16/11/1962
Serbian
Niš
30/06/1998
30/03/2007
27/08/2007
22/06/2007
07/11/2007
Decision of the Constitutional Court awarding the applicant 1 100 EUR for non-pecuniary damage (Už-1365/2010 of 19/12/2012)
54625/13
17/08/2013
Nafija FEHRATOVIĆ
29/04/1960
Serbian
Novi Pazar
02/02/2005
24/11/2005
26/09/2006
18/10/2006
14/02/2006
17/04/2006
14/03/2007
19/03/2007
63690/13
25/09/2013
Snežana MILOŠEVIĆ
27/01/2196
Serbian
Belgrade
17/12/2007
17/11/2011
64030/13
27/09/2013
Darko MITIĆ
30/09/1971
Serbian
Belgrade
17/01/2008
15/12/2011
64536/13
02/10/2013
Milorad PIPER
27/08/1953
Serbian
Čačak
08/02/2008
11/08/2008
18/02/2009
Decision of the Constitutional Court awarding the applicant 800 EUR for non-pecuniary damage (Už-3260/2010 of 11/04/2013)
64813/13
02/10/2013
Radivoje ĆIROVIĆ
15/11/1963
Serbian
Čačak
27/10/2008
23/04/2009
08/12/2011
Decision of the Constitutional Court awarding the applicant 800 EUR for non-pecuniary damage (Už-3449/2010 of 11/04/2013)
66633/13
01/10/2013
Milena TOZEV
01/11/1962
Serbian
Belgrade
15/05/2007
27/02/2008
66644/13
30/09/2013
Miroljub RADOVANOVIĆ
09/04/1959
Serbian
Belgrade
10/10/2007
05/03/2008
78240/13
18/11/2013
Aco VASOVIĆ
19/01/1965
Serbian
Čačak
28/03/2008
27/10/2008
26/02/2009
Decision of the Constitutional Court awarding the applicant 1 000 EUR for non-pecuniary damage (Už-3450/2010 of 22/05/2013)
3254/14
31/07/2013
Hadžira ŠEMSOVIĆ-LEKOVIĆ
14/10/1961
Serbian
Novi Pazar
07/05/2008
19/07/2013
6754/14
30/12/2013
Dušan LAZOVIĆ
04/04/1956
Serbian
Čačak
08/02/2008
11/08/2008
18/02/2009
Decision of the Constitutional Court awarding the applicant 800 EUR for non-pecuniary damage (Už-3260/2010 of 11/04/2013)
7249/14
30/12/2013
Stanimir JOVANOVIĆ
25/11/1958
Serbian
Čačak
27/10/2008
23/04/2009
Decision of the Constitutional Court awarding the applicant 800 EUR for non-pecuniary damage (Už-3449/2010 of 11/04/2013)
7255/14
02/10/2013
Milivoje ŠKILJEVIĆ
07/05/1957
Serbian
Čačak
08/02/2008
11/08/2008
18/02/2009
Decision of the Constitutional Court awarding the applicant 800 EUR for non-pecuniary damage (Už-3260/2010 of 11/04/2013)
15559/14
23/04/2013
Milevka VASILIJEVIĆ
04/09/1954
Serbian
Čačak
10/12/2008
12/04/2010
25/05/2011
24229/14
18/11/2013
Luka MILOVANOVIĆ
03/01/1953
Serbian
Čačak
28/03/2008
27/10/2008
26/02/2009
Decision of the Constitutional Court awarding the applicant 900 EUR for non-pecuniary damage (Už-3450/2010 of 22/05/2013)
24233/14
18/11/2013
Ljubiša MARKOVIĆ
04/05/1964
Serbian
Čačak
28/03/2008
27/10/2008
26/02/2009
27/06/2012
Decision of the Constitutional Court awarding the applicant 800 EUR for non-pecuniary damage (Už-3450/2010 of 22/05/2013)
24257/14
18/11/2013
Gordana ĐURAKIĆ
25/09/1964
Serbian
Čačak
28/03/2008
27/10/2008
26/02/2009
Decision of the Constitutional Court awarding the applicant 900 EUR for non-pecuniary damage (Už-3450/2010 of 22/05/2013)
29999/14
06/04/2014
Slobodan MIHAJLOVIĆ
22/05/1961
Serbian
Čačak
27/03/2008
02/09/2008
26/02/2009
18/06/2012
Decision of the Constitutional Court awarding the applicant 800 EUR for non-pecuniary damage (Už-3572/2010 of 10/10/2013)
30963/14
11/02/2013
Zumreta DŽANKOVIĆ
29/07/1961
Serbian
Novi Pazar
22/09/2004
17/07/2012
24/05/2006
23/01/2013
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