THIRD SECTION
DECISION
Application no. 48550/10
Danica NOJKOVIĆ against Serbia
and 12 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 30 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 14 December 2009 and 18 September 2013,
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 12 December 2014 and 6 May 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 July 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
Enforcement order details
Other decisions
48550/10
07/08/2010
Danica NOJKOVIĆ
15/04/1951
Serbian
Miomir RALEVIĆ
Majdanpek
P.254/2004 26 May 2004
Vranje
I.1735/04 26 January 2005
48551/10
07/08/2010
Mirjana RISTIĆ
17/06/1957
Serbian
Miomir RALEVIĆ
Majdanpek
P.253/2004 26 May 2004
Majdanpek
I.br.29/05 20 January 2005
73051/10
14/12/2009
Jovica VUJOVIĆ
21/07/1958
Serbian
Dragana STOILJKOVIĆ
Požarevac Commercial Court ST 7/04, number 70-38 of 26 April 2005
enforcement requested in the context of insolvency proceedings against the debtor
73053/10
14/12/2009
Elizabeta VUJOVIĆ
06/01/1960
Serbian
Dragana STOILJKOVIĆ
Požarevac Commercial Court ST 7/04, number 70-39 of 26 April 2005
enforcement requested in the context of insolvency proceedings against the debtor
73058/10
14/12/2009
Verica SPASOJEVIĆ
14/10/1950
Serbian
Dragana STOILJKOVIĆ
Smederevo
IP-443/03 24 December 2003
Smederevo
I br. 313/04 15 June 2004
49965/12
30/07/2012
Mevljuda ŠKRIJELJ
24/06/1968
Serbian
Refija GARIBOVIĆ
Novi Pazar
P.1.br.1135/06 25 April 2007
12 P1 br.1185/10 1 December 2010
Kragujevac
Gž 1 br.589/11 09/09/2011
Novi Pazar
I.br 1545/2007 3 October 2007
19 -I.br 1797/2011 4 October 2011
23331/13
28/03/2013
Slobodan KRSTOVIĆ
21/07/1948
Serbian
Snežana JOKIĆ
Čačak
P1.br.2008 21 February 2008
Čačak
I.br.1370/08 27 October 2008
I.br.1370/08 5 March 2009
Decision of the Constitutional Court awarding the applicant 400 EUR of non-pecuniary damage (Už-1632/2010 of 15/11/2012)
26409/13
03/04/2013
Atanas NIKOLOV
01/02/1952
Serbian
Bosilegrad
P1.br.154/05 18 October 2005
P1.br.154/05 23 November 2005
Vranje
I.br. 1784/05 30 January 2006
29194/13
08/04/2013
Boris VLADIMIROV
26/02/1957
Serbian
Bosilegrad
P1.br.68/08 27 February 2008
Vranje
I 183/13 24 January 2013
30711/13
19/04/2013
Rabija RAŠLJANIN BOGUĆANIN
22/04/1951
Serbian
Ramiza ĆOROVIĆ
Novi Pazar
P.1. 219/01 24 January 2002
P1.br.219/01 15 May 2002
P1,br.445/04 04 February 2005
P1.br.1002/06 30 November 2006
Novi Pazar 16/04/2004 - enforcement requested
I.br. 376/2005 23 June 2005
I.br. 1459/2007 01 August 2007
46811/13
27/05/2013
Sava CVETKOVIĆ
09/08/1954
Serbian
Leskovac
P br.3377/02 17 March 2003
P1.1269/11 12 January 2012
I.br.3343/03 7 December 2009
6I-246/13 25 January 2013
60832/13
18/09/2013
Behija DELIMEĐAC
10/08/1968
Serbian
Refija GARIBOVIĆ
Novi Pazar
P.1.br.145/06 22 February 2006
12 P1 br.612/12 8 July 2013
Novi Pazar
I.br.995/2006 11 July 2006
I.br.2534/13 6 September 2013
63122/14
28/03/2013
Veroslava STEVANOVIĆ
22/11/1954
Serbian
Snežana JOKIĆ
Čačak
P1.br.29/2008 21 February 2008
Čačak
I.br.1370/08 27 October 2008
I.br.1370/08 5 March 2009
Decision of the Constitutional Court awarding the applicant 400 EUR of non-pecuniary damage (Už-1632/2010 of 15/11/2012)
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