SECOND SECTION
DECISION
Application no. 46700/11
Radosav NEŠIĆ against Serbia
and 17 other applications
(see list appended)
The European Court of Human Rights (Second Section), sitting on 9 July 2013 as a Committee composed of:
Paulo Pinto de Albuquerque, President,
Dragoljub Popović,
Helen Keller, judges,
and Atilla Nalbant, Acting Deputy Section Registrar,
Having regard to the above applications lodged on 13 April 2011,
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. They were all represented before the Court by Mr Zoran Stevanović, a lawyer practising in Smederevo. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
Relying on Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention, the applicants complained about the respondent State’s failure to enforce final court decisions rendered in their favour against one socially/State-owned company (PUT ”Jedinstvo Holding” from Smederevo). The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 25 March 2013 and 9 May 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 the amounts specified in the appended table to cover any non-pecuniary damage as well as costs and expenses, which will be converted into local currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. These sums will 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 will pay, from their own funds, the sums awarded in the domestic decisions under consideration in the present case (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.
Atilla NalbantPaulo Pinto de Albuquerque
Acting Deputy RegistrarPresident
Appendix
No.
Application
no. and date of introduction
Applicant’s name
date of birth
place of residence
nationality
Final domestic decision(s)
(issuing authority / case no., adopted on)
Amount FS
(in Euros)
46700/11
13/04/2011
Radosav NEŠIĆ
30/08/1955
Smederevo
Serbian
Municipal Court in Smederevo
1. IP. 214/01 of 11 December 2001
2. IP. 103/2002 of 19 March 2003
3. IP. 79/03 of 14 March 2003
4. IP. 651/03 of 23 June 2004
5. IP. 698/04 of 21 January 2005
Commercial Court in Požarevac
( St. 20/04 of 16/06/2005)
4,800
46723/11
13/04/2011
Marija JANKOVIĆ
11/08/1951
Smederevo
Serbian
Municipal Court in Smederevo
1. IP. 40/2002 of 8 April 2002
2. IP. 674/02 of 26 September 2002
3. IP. 22/03 of 27 January 2003
4. IP. 23/03 of 06 June 2003
5. IP. 622/03 of 30 January 2004
6. IP. 623/03 of 21 September 2004
7. IP. 641/04 of 14 December 2004
Commercial Court in Požarevac
( St. 20/04 of 16/06/2005)
4,800
46757/11
13/04/2011
Vidosava NINKOVIĆ
15/06/1948
Smederevo
Serbian
Municipal Court in Smederevo
1. IP. 38/2002 of 10 September 2002
2. IP. 660/02 of 20 September 2002
3. IP. 661/02 of 20 September 2002
4. IP. 38/03 of 16 May 2003
Commercial Court in Požarevac
(St. 20/04 of 16/06/2005)
4,800
46760/11
13/04/2011
Darinka PECNIK
17/03/1951
Smederevo
Serbian
Municipal Court in Smederevo
1. IP. 890/02 of 13 December 2002
2. IP. 268/02 of 27 September 2002
Commercial Court in Požarevac
(St. 20/04 of 16/06/2005)
4,800
46763/11
13/04/2011
Milanka ŠIMUNDŽA
17/08/1955
Smederevo
Serbian
Municipal Court in Smederevo
IP. 70/01 of 17 September 2001
Commercial Court in Požarevac
(St. 20/04 of 16/06/2005)
4,800
46766/11
13/04/2011
Gordana ALEKSIĆ
20/02/1956
Smederevo
Serbian
Municipal Court in Smederevo
IP. 67/01 of 8 October 2002
Commercial Court in Požarevac
(St. 20/04 of 16/06/2005)
4,800
47132/11
13/04/2011
Marica TOMIĆ
05/04/1955
Smederevo
Serbian
Municipal Court in Smederevo
IP. 137/04 of 16 November 2004
Commercial Court in Požarevac
(St. 20/04 of 16/06/2005)
4,800
47136/11
13/04/2011
Rista MOTIĆ
03/01/1946
Smederevo
Serbian
Municipal Court in Smederevo
1. IP. 73/98 of 13 April 1999
2. IP. 23/00 of 29 February 2000
Commercial Court in Požarevac
(St. 20/04 of 16/06/2005)
4,800
47150/11
13/04/2011
Slavica BLAGOJEVIĆ
19/11/1947
Smederevo
Serbian
Municipal Court in Smederevo
IP. 45/98 of 18 May 2005
Commercial Court in Požarevac
(St. 20/04 of 16/06/2005)
4,800
47165/11
13/04/2011
Radmila KOVAČEVIĆ
28/08/1956
Smederevo
Serbian
Municipal Court in Smederevo
1. IP. 198/2002 of 31 May 2002
2. IP. 482/03 of 30 January 2004
Commercial Court in Požarevac
(St. 20/04 of 16/06/2005)
4,800
47297/11
13/04/2011
Dragana MILENKOVIĆ
16/10/1960
Smederevo
Serbian
Municipal Court in Smederevo
IP. 132/02 of 10 April 2002
Commercial Court in Požarevac
(St. 20/04 of 16/06/2005)
4,800
47367/11
13/04/2011
Eleonora BLAGOJEVIĆ
26/01/1961
Smederevo
Serbian
Municipal Court in Smederevo
1. IP. 285/02 of 6 September 2002
2. IP. 59/03 of 14 February 2003
3. IP. 75/03 of 23 May 2005
Commercial Court in Požarevac
(St. 20/04 of 16/06/2005)
4,800
47368/11
13/04/2011
Radan MLADENOVIĆ
29/11/1949
Smederevo
Serbian
Municipal Court in Smederevo
1. IP. 2/95 of 17 October 1995
2. IP. 39/03 of 5 February 2003
Commercial Court in Požarevac
(St. 20/04 of 16/06/2005)
4,800
47371/11
13/04/2011
Vojislavka DOBRIĆ
01/07/1953
Smederevo
Serbian
Municipal Court in Smederevo
1. IP. 604/02 of 20 September 2002
Commercial Court in Požarevac
(St. 20/04 of 16/06/2005)
4,800
47381/11
13/04/2011
Predrag STOJANOVIĆ
01/02/1949
Smederevo
Serbian
Municipal Court in Smederevo
1. IP 234/01 of 26 December 2001
2. IP 163/02 of 24 September 2002
Commercial Court in Požarevac
(St. 20/04 of 16/06/2005)
4,800
47401/11
13/04/2011
Boško RADOJKOVIĆ
03/01/1957
Smederevo
Serbian
Commercial Court in Požarevac
St. 20/04 of 5 September 2006 and 31 October 2006
3,500
47405/11
13/04/2011
Radojka ŽIVKOVIĆ PUNDA
09/10/1958
Smederevo
Serbian
Municipal Court in Smederevo
1. IP. 127/95 of 31 October 1995
2. IP. 49/04 of 24 February 2004
Commercial Court in Požarevac
St. 20/04 of 5 September 2006
3,500
47463/11
13/04/2011
Olgica RATKOVIĆ
05/11/1955
Kovin
Serbian
Municipal Court in Smederevo
1. IP. 37/02 of 23 April 2004
2. IP. 673/02 of 26 September 2002
3. IP. 20/03 of 27 January 2003
4. IP. 21/03 of 16 May 2003
5. IP. 621/03 of 15 June 2004
6. IP. 654/04 of 14 December 2004
Commercial Court in Požarevac
(St. 20/04 of 16/06/2005)
4,800
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