THIRD SECTION
DECISION
Application no. 70594/12
Danica NASTASIĆ-SIMOVIĆ against Serbia
and 8 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 15 April 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 27 October 2012 and 5 July 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 20 September 2013 and 17 December 2013 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
nationality
Represented by
Final domestic decision details
Enforcement order details
70594/12
27/10/2012
Danica NASTASIĆ-SIMOVIĆ
11/04/1960
Serbian
Ramiza Đakovac
Municipal Court in Novi Pazar
1. P1. 332/04 of 11 November 2004
2. P1. 882/06 of 6 March 2007
Municipal Court in Novi Pazar
1. I. 94/05 of 26/09/2005
2. I. 1510/07 of 1/10/2007
15803/13
22/02/2013
Dragan KONDŽULOVIĆ
01/01/1961
Serbian
Refija GARIBOVIĆ
Municipal Court in Aranđelovac
P.133/07 of 26 September 2007
Municipal Court in Kragujevac
I.1572/11 of 6/05/2011
15805/13
22/02/2013
Zoran DIMITRIJEVIĆ
04/06/1957
Serbian
Refija GARIBOVIĆ
Municipal Court in Aranđelovac
P.133/07 of 26 September 2007
Municipal Court in Kragujevac
I.1283/11 of 18/04/2011
15806/13
22/02/2013
Goran DIMITRIJEVIĆ
08/03/1967
Serbian
Refija GARIBOVIĆ
Municipal Court in Aranđelovac
P.133/07 of 26 September 2007
Municipal Court in Kragujevac
I. 2004/11 of 29/04/2011
15810/13
22/02/2013
Mihailo MILOŠEVIĆ
16/12/1952
Serbian
Refija GARIBOVIĆ
Municipal Court in Aranđelovac
P.133/07 of 26 September 2007
Municipal Court in Kragujevac
I.1568/11 of 19/04/2011
15814/13
22/02/2013
Rade KONDŽULOVIĆ
23/05/1956
Serbian
Refija GARIBOVIĆ
Municipal Court in Aranđelovac
P.133/07 of 26 September 2007
Municipal Court in Kragujevac
I.1570/11 of 6/05/2011
46943/13
13/08/2012
Alfeta BREŽANIN
10/01/1969
Serbian
Emir FETAHOVIĆ
Municipal Court in Novi Pazar
1. P1. 205/04 of 22 March 2005
2. P1. 346/05 of 14 September 2005
3. P1. 703/05 of 21 March 2006
4. P1. 114/07 of 9 March 2007
5. P1. 680/06 of 25 October 2006
Municipal Court in Novi Pazar
1. I. 1314/05 of 27/12/2005
2. I. 1014/06 of 13/07/2006
3. I. 441/06 of 10/05/2006
4. I. 1122/07 of 21/05/2007
5. I. 473/07 of 3/04/2007
47179/13
05/07/2013
Milica BOŠKOVIĆ
17/10/1966
Serbian
Municipal Court in Aranđelovac
P. 281/03 of 14 October 2003
Municipal Court in Čačak-Department in Gornji Milanovac
I.1794/07 of 14/06/2007
I-1I-10382/10 of 05/03/2010
47409/13
01/07/2013
Radovan LAZAREVIĆ
27/05/1941
Serbian
Municipal Court in Aranđelovac
P.325/05 of 4 July 2005
Municipal Court in Aranđelovac
I. 5724/12 of 27/07/2012
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