THIRD SECTION
DECISION
Application no. 3924/12
Branka PANTELIĆ against Serbia
and 14 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 9 September 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 12 December 2011 and 18 May 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 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 22 October 2013 and 4 December 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 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 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.
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
3924/12
19/12/2011
Branka PANTELIĆ
03/03/1957
Serbian
Municipal Court in Šabac
1. P. 2794/04 from 25/02/2005
2. III R. 651/05 from 24/10/2005
Municipal Court in Šabac
1. I. 29/07 from 09/01/2007
2. I. 89/07 from 16/01/2007
7022/12
14/12/2011
Zora RADOVANOVIĆ
10/11/1958
Serbian
Municipal Court in Šabac
1. III R. 1134/06 from 15/12/2006
Municipal Court in Šabac
1. I. 790/07 from 03/04/2007
8040/12
26/12/2011
Mileta DIMITRIJEVIĆ
28/11/1956
Serbian
Municipal Court in Šabac
1. III R. 529/06 from 16/06/2006
Municipal Court in Šabac
1. I. 586/07 from 14/03/2007
8082/12
12/12/2011
Marina TOPALOVIĆ
10/05/1960
Serbian
Municipal Court in Šabac
1. P. 3976/04 from 24/03/2005
2. III R. 699/05 from 21/10/2005
Municipal Court in Šabac
I. 14/07 from 19/01/2007
8110/12
27/01/2012
Predrag ISAKOVIĆ
13/06/1946
Serbian
Municipal Court in Šabac
1. III R. 716/05 from 24/10/2005
Municipal Court in Šabac
1. I 133/07 from 18/01/2007
8254/12
18/01/2012
Dragoljub VRANKOVIĆ
12/06/1950
Serbian
Municipal Court in Šabac
1. III R. 660/05 from 24/10/2005
Municipal Court in Šabac
1. I 132/07 from 24/01/2007
9648/12
06/02/2012
Ljiljana DAMNJANOVIĆ
12/12/1960
Serbian
Municipal Court in Šabac
1. III R 1258/06 from 15/12/2006
Municipal Court in Šabac
1. I. 590/07 from 14/03/2007
9656/12
06/02/2012
Zoran MAKSIĆ
28/06/1965
Serbian
Municipal Court in Šabac
1. P. 1481/06 from 05/09/2006
Municipal Court in Šabac
1. I. 2161/06 from 23/11/2006
9700/12
06/02/2012
Svetomir TEOVANOVIĆ
10/03/1945
Serbian
Municipal Court in Šabac
1. P. 797/05 from 23/09/2005 (identical to P. 4214/04 from 23/05/2005)
2. III R. 736/05 from 24/10/2005
Municipal Court in Šabac
1. I. 1938/05 from 10/11/2005
2. I. 862/08 from 25.12.2008
10009/12
11/01/2012
Stevan JANKOVIĆ
09/04/1947
Serbian
Municipal Court in Šabac
1. III R. 332/04 from 08/06/2004
2. P. 1337/05 from 31/05/2005
3. III R. 684/05 from 20/10/2005
Municipal Court in Šabac
1. I. 2639/06 from 15/11/2006
Municipal Court in Bogatić
2. I. 32/09 from 29/01/2009
3. I. 33/09 from 29/01/2009
10055/12
11/01/2012
Rade LJUBINKOVIĆ
06/03/1960
Serbian
Municipal Court in Šabac
1. III R. 439/06 from 06/12/2006
2. III R. 97/07 from 29/01/2007
Municipal Court in Šabac
1. I. 1181/09 from 17/11/2009
15698/12
10/02/2012
Zivan KOLARIĆ
26/02/1953
Serbian
Municipal Court in Šabac
1. P. 2804/04 from 21/03/2005
Municipal Court in Šabac
1. I. 87/07 from 16/01/2007
19212/12
21/03/2012
Rade VASIĆ
28/09/1952
Serbian
Municipal Court in Šabac
1. III R. 298/04 from 08/06/2004
Municipal Court in Šabac
1. I. 253/09 from 11/02/2009
35006/12
18/05/2012
Zdravko TARLANOVIĆ
01/11/1957
Serbian
Municipal Court in Šabac
1. III R. 210/06 from 11/12/2006
Municipal Court in Šabac
1. 904/07 from 17/04/2007
35010/12
18/05/2012
Tomislav DŽINOVIĆ
01/05/1947
Serbian
Municipal Court in Šabac
1. P. 3153/04 from 21/03/2005
2. III R. 213/06 from 19/05/2006
Municipal Court in Šabac
1. I. 829/07 from 05/04/2007
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