THIRD SECTION
DECISION
Application no. 69514/11
Nusreta OSMANOVIĆ against Serbia
and 9 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 27 May 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 19 July 2011 and 10 December 2012,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants’ personal details are set out in the appended table. They were represented by Ms. R. Garibović, a lawyer practising in Novi Pazar. 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 19 September 2013 and 3 March 2014 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 settlements reached between the parties. It is satisfied that the settlements are 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
place of residence
nationality
Final domestic decision details
Enforcement order details
69514/11
19/07/2011
Nusreta OSMANOVIĆ
18/02/1952
Serbian
Municipal Court in Novi Pazar
1.P1.323/03 of 16/09/2003
2.P1.543/05 of 03/10/2005
3.P1.647/06 of 04/10/2006
4.P1.314/07 of 31/08/2007
Municipal Court in Novi Pazar
1. I.962/03 of 24/11/2003
2. I.465/06 of 11/05/2006
3. I.272/07 of 19/03/2007
4. I.1617/07 of 10/10/2007
6844/12
20/12/2011
Ismet MAVRIĆ
25/04/1955
Serbian
Municipal Court in Novi Pazar
1.P1.314/00 of 22/09/2000
2.P1.24/01 of 19/07/2001
3.P1.206/04 of 19 /04 2004
4.P1.361/05 of 28/09/2005
5.P1.574/08 of 12/11/2008
Municipal Court in Novi Pazar
1. I.673/02 of 25/11/2002
2. I.1926/07 of 10/12/2007
3. I. 522/04 of 07/07/2004
4. I. 95/06 of 14/02/2006
Court of First Instance in Novi Pazar
5. I. 2251/11 of 08/12/2011
52956/12
09/08/2012
Senada REBRONJA
27/02/1964
Serbian
Municipal Court in Novi Pazar
1. P1. 157/03 of 8 December 2003
2. P1. 109/04 of 29 March 2003
3. P1. 930/04 24 February 2005
4. P1. 397/06 of 21/06/2006
397/06 of 10/07/2006
397/06 of 21/06/2006
5. P1. 941/06 of 28/11/2006
Municipal Court in Novi Pazar
1. I. 282/04 of 10/05/2004
2. I. 299/04 of 7/07/2004
3. I. 608/05 of 21/06/2005
4. I. 1098/06 of 15/08/2006
5. I. 1847/06 of 29/12/2006
57246/12
30/08/2012
Samir LIČINA
13/01/1967
Serbian
Municipal Court in Novi Pazar
1. P1. 262/04 of 24 May 2005
2. P1. 1047/04 of 23 November 2004
3. P1. 159/06 of 20/03/2006
4. P1. 283/07 of 23 October 2007
Municipal Court in Novi Pazar
1. I. 585/04 of 8/07/2004
2. I. 887/05 of 26/09/2005
I.59/07 of 13/02/2007
3. I. 989/06 of 7/07/2006
4. I. 2328/12 of 13/08/2012
59866/12
10/09/2012
Slavoljub VIDOJEVIĆ
02/03/1960
Serbian
Municipal Court in Novi Pazar
1. P1. 542/04 of 23 September 2004
2. P1. 542/04 of 27 October 2004
3. P1 542/04 of 4 October 2004
4. P1 134/05 of 6 April 2005
5. P1. 228/06 of 1 April 2006
6. P1. 1066/06 of 29/12/2006
Municipal Court in Novi Pazar
1&2. I. 1035/04 of 26/11/2004
3. I. 66/05 of 22/02/2005
4. I. 1150/05 of 28/04/2006
5. I. 1436/06 of 6/11/2006
6. I. 70/07 of 10/02/2007
60124/12
10/09/2012
Ramka REDŽEPOVIĆ
17/12/1967
Serbian
Municipal Court in Novi Pazar
1. P1 155/03 of 8 July 2003
2. P1. 509/03 of 9 March 2004
3. P1. 524/04 of 13 October 2004
4. P1. 156/05 of 26 April 2005
5. P1.499/05 of 4 October 2005
Municipal Court in Novi Pazar
1. I. 702/03 of 4/08/2003
I. 702/03 of 25/10/2007
2. I. 273/04 of 10/05/2004
3. I.214/05 of 11/04/2005
I. 1002/2005 of 26/06/2005
4. I. 1149/05 of 1/11/2007
5. I. 170/06 of 16/02/2006
67866/12
17/10/2012
Ramiz FERIZOVIĆ
01/05/1955
Serbian
Municipal Court in Novi Pazar
1. P1. 187/01 of 25 December 2001
2. P1. 90/03 of 10 December 2003
3. P1. 203/05 of 11 October 2005
Municipal Court in Novi Pazar
1&2. I. 486/04 of 15/06/2004
3. I. 2313/12 of 20/08/2012
1526/13
10/12/2012
Miljhata GRIŠEVIĆ
26/10/1960
Serbian
Municipal Court in Novi Pazar
P1 .1061/06 of 22 November 2006
Municipal Court in Novi Pazar
I. 1706/06 of 20/12/2006
11545/13
27/09/2012
Sabaheta GLOGIĆ
15/07/1959
Serbian
Municipal Court in Novi Pazar
P1. 468/08 of 8 July 2008
Court of First Instance in Novi Pazar
20 I.1028/11 of 29/06/2011
49180/13
30/08/2012
Avdulah MAVRIĆ
05/02/1962
Serbian
Municipal Court in Novi Pazar
P1. 239/07 of 09 July 2007
Municipal Court in Novi Pazar
I.1592/07 of 15/10/2007
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