THIRD SECTION
DECISION
Application no. 15943/12
Milodar PAJOVIĆ against Serbia
and 10 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 10 June 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 20 February 2002 and 6 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 28 September 2013 and 13 January 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
Represented by
Final domestic decision details
Enforcement order details
15943/12
20/02/2012
Milodar PAJOVIĆ
27/01/1948
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
1. P1.772/07 of 03/12/2007
Basic Court in Novi Pazar
1.I.1043/11 of 08/08/2011
38825/12
16/06/2012
Milica NIKIĆ
03/07/1960
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
1. P1.137/09 of 31/03/2009
Basic Court in Novi Pazar
1.I.1983/11 of 10/11/2011
40274/12
22/06/2012
Desimir MIJAILOVIĆ
06/03/1945
Serbian
Rodoljub MARINKOVIĆ
1. Municipal Court in Novi Pazar
P1.br.770/07 of 5 May 2008
1. Municipal Court in Novi Pazar
19 I br.1019/11 of 29 June 2011
50008/12
01/08/2012
Sadija BEGOVIĆ
24/12/1958
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
1. P1.427/08 of 05/11/2008
Basic Court in Novi Pazar
1.I.1013/11 of 29/06/2011
67262/12
08/10/2012
Ismail ŠEHOVIĆ
22/09/1950
Serbian
Rodoljub MARINKOVIĆ
Basic Court in Novi Pazar
1.P1.1420/10 of 02/03/2011
Basic Court in Novi Pazar
1.I.2127/11 of 25/11/2011
67377/12
09/10/2012
Rada JAKOVLJEVIĆ
22/12/1958
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
1.P1.1003/07 of 05/05/2008
Basic Court in Novi Pazar
1.I.1005/11 of 29/06/2011
79641/12
05/12/2012
Stanojka DROBNJAK
11/06/1961
Serbian
Rodoljub MARINKOVIĆ
The Municipal Court (Opštinski sud) in Novi Pazar
P1.88/09 of 25/09/2009
The Court of First Instance (Osnovni sud) in Novi Pazar
I.1235/11 of 11/07/2011
20460/13
06/03/2013
Vasilija NOVAKOVIĆ
20/01/1961
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
1. P.1. 142/09 from 10/03/2009
Municipal Court in Novi Pazar
1. I. 1945/11 from 07/11/2011
21314/13
08/03/2013
Vasilije BOŽOVIĆ
14/01/1948
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
1. P.1. 113/09 from 23/09/2009
Municipal Court in Novi Pazar
1. I. 2034/11 from 18/11/2011
47994/13
01/07/2013
Dušanka RADOSLAVLJEVIĆ
22/04/1953
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
1. P.1. 135/09 from 10/03/2009
Municipal Court in Novi Pazar
1. I. 1947/11 from 07/11/2011
50294/13
06/07/2013
Radmila NIĆIFOROVIĆ
02/08/1961
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
1. P.1. 1158/06 from 09/07/2007
Municipal Court in Novi Pazar
1. I. 1978/07 from 10/12/2007
Full & Egal Universal Law Academy