THIRD SECTION
DECISION
Application no. 15341/11
Radomir NIKOLIĆ against Serbia
and 6 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 31 March 2015 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 10 January 2011 and 28 October 2013,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants and their representatives is set out in the appended table.
The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.
Relying on Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1, the applicants complained about the non-enforcement of final court decisions rendered in their favour against different socially/State-owned companies. The final court decisions under consideration in this case remain unenforced to the present day.
The essential information as to the domestic proceedings in respect of each application is indicated in the appendix.
Between 18 September 2014 and 15 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 23 April 2015.
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
(the seat of the relevant court and the date of the decision)
Enforcement order details
Constitutional Court decision details, amount awarded as a compensation for non-pecuniary damage
15341/11
10/01/2011
Radomir NIKOLIĆ
25/11/1952
Serbian
Dragan VASILJEVIĆ
Zaječar
29 December 1999
26 December 2000
_
25800/12
20/03/2012
Vladan FILIPOVIĆ
12/08/1965
Serbian
Ismet KALIĆ
Novi Pazar
1. 22 December 2004
2. 30 March 2006
3. 24 February 2007
1. 14 February 2006
2. 13 October 2006
3. 2 April 2007
_
45047/12
06/07/2012
Veliborka RADOVANOVIĆ
07/06/1956
Serbian
Slavka TODOROVIĆ
23/04/1954
Serbian
Snežana JOKIĆ
Čačak
8 January 2008
8 January 2009
Už-1385/2010
of 19 April 2012
300 euros to each applicant
71810/13
28/10/2013
Gordana PERUNIČIĆ
23/05/1954
Serbian
Snežana JOKIĆ
Čačak
14 July 2008
1. 19 November 2008
2. 26 February 2009
Už-1707/2010 of 18 September 2013
400 euros
71824/13
28/10/2013
Vesna KOSTIĆ
21/11/1965
Serbian
Snežana JOKIĆ
Čačak
14 July 2008
1. 19 November 2008
2. 26 February 2009
Už-1707/2010 of 18 September 2013
400 euros
71841/13
28/10/2013
Nataša RADISAVLJEVIĆ
26/05/1966
Serbian
Snežana JOKIĆ
Čačak
14 July 2008
1. 19 November 2008
2. 26 February 2009
Už-1707/2010 of 18 September 2013
400 euros
71843/13
28/10/2013
Selimir RADISAVLJEVIĆ
01/01/1960
Serbian
Snežana JOKIĆ
Čačak
14 July 2008
1. 19 November 2008
2. 26 February 2009
Už-1707/2010 of 18 September 2013
400 euros
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