THIRD SECTION
DECISION
Application no. 11657/09
Milun PAVLOVIĆ against Serbia
and 7 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 17 February 2009 and 22 July 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 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 4 March 2014 and 5 August 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), 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)
The date of the enforcement order
11657/09
17/02/2009
Milun PAVLOVIĆ
21/07/1952
Serbian
_
Belgrade
12 July 2002
20/05/2003
70223/10
12/11/2010
Dragan DAMNJANOVIĆ
10/01/1953
Serbian
_
Šabac
17 May 2002
9/01/2012
74411/10
15/11/2010
Dragan TADIĆ
25/09/1959
Serbian
_
Šabac
16 October 2001
2/03/2012
75124/10
24/11/2010
Đorđe PJEVAC
27/12/1952
Serbian
_
Šabac
24 February 2004
12/03/2012
13502/11
20/12/2010
Miodrag STOŠIĆ
04/06/1949
Serbian
_
Šabac
1. 16 May 2001
2. 24 April 2003
3. 9 January 2004
1. 19/10/2004
2. 16/12/2011
3. 12/12/2011
25421/11
07/03/2011
Vladan TOPALOVIĆ
27/09/1956
Serbian
_
Šabac
20 October 2003
13/08/2007
60107/12
03/09/2012
Miloranka POPOVIĆ
22/08/1954
Serbian
Vesna CUKAVAC
Novi Pazar
1. 11/02/1998
2. 30/06/2004
1. 15/06/2004
2. 12/10/2004
50269/13
22/07/2013
Osman KOLAŠINAC
20/08/1958
Serbian
Ramiza ĐAKOVAC
Novi Pazar
7 March 2007
21/05/2007
Full & Egal Universal Law Academy