THIRD SECTION
DECISION
Application no. 61205/12
Radoslav PEŠIĆ against Serbia
and 12 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 21 October 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 7 September 2012 and 24 September 2012,
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 27 December 2013 and 12 June 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.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
Appendix
No.
Application No.
Lodged on
Applicant
Date of birth
Place of residence
Represented by
Final domestic decision details
Enforcement order details
Other decisions
61205/12
07/09/2012
Radoslav PEŠIĆ
30/04/1953
Čačak
Snežana JOKIĆ
Čačak
03/04/2008
15/08/2008
Decision of the Constitutional Court awarding the applicant 400 EUR of non-pecuniary damage (Už-1769/2012 of 04/08/2012)
61877/12
21/09/2012
Julka ZAGRADJANIN
23/07/1950
Novi Pazar
Refija GARIBOVIĆ
Novi Pazar
28/02/2005
02/11/2007
63939/12
24/09/2012
Nikola BELIĆ
27/02/1950
Čačak
Snežana JOKIĆ
Čačak
14/07/2008
08/12/2008
Decision of the Constitutional Court awarding the applicant 400 EUR of non-pecuniary damage (Už-1382/2010 of 28/06/2012)
64533/12
24/09/2012
Ljiljana VASIĆ
28/02/1957
Čačak
Snežana JOKIĆ
Čačak
06/11/2008
29/06/2009
Decision of the Constitutional Court awarding the applicant 200 EUR of non-pecuniary damage (Už-1745/2010 of 05/07/2012)
64548/12
24/09/2012
Milica SAVIĆ
15/10/1946
Čačak
Snežana JOKIĆ
Čačak
06/11/2008
29/06/2009
Decision of the Constitutional Court awarding the applicant 200 EUR of non-pecuniary damage (Už-1745/2010 of 05/07/2012)
64552/12
24/09/2012
Gojka BEŠEVIĆ
23/05/1946
Čačak
Snežana JOKIĆ
Čačak
06/11/2008
29/06/2009
Decision of the Constitutional Court awarding the applicant 200 EUR of non-pecuniary damage (Už-1745/2010 of 05/07/2012)
64620/12
24/09/2012
Gordana MILIJANOVIĆ
09/10/1949
Čačak
Snežana JOKIĆ
Čačak
06/11/2008
29/06/2009
Decision of the Constitutional Court awarding the applicant 200 EUR of non-pecuniary damage (Už-1745/2010 of 05/07/2012)
65837/12
24/09/2012
Dragana TODOROVIĆ
21/02/1964
Čačak
Snežana JOKIĆ
Čačak
14/07/2008
08/12/2008
Decision of the Constitutional Court awarding the applicant 400 EUR of non-pecuniary damage (Už-1382/2010 of 28/06/2012)
65844/12
24/09/2012
Milenko STEVANOVIĆ
10/03/1967
Čačak
Snežana JOKIĆ
Čačak
14/07/2008
08/12/2008
Decision of the Constitutional Court awarding the applicant 400 EUR of non-pecuniary damage (Už-1382/2010 of 28/06/2012)
65846/12
24/09/2012
Slobodan TODOROVIĆ
03/05/1972
Čačak
Snežana JOKIĆ
Čačak
14/07/2008
08/12/2008
Decision of the Constitutional Court awarding the applicant 400 EUR of non-pecuniary damage (Už-1382/2010 of 28/06/2012)
65850/12
24/09/2012
Vlade MRVIĆ
10/03/1967
Čačak
Snežana JOKIĆ
Čačak
14/07/2008
08/12/2008
Decision of the Constitutional Court awarding the applicant 400 EUR of non-pecuniary damage (Už-1382/2010 of 28/06/2012)
65852/12
24/09/2012
Zoran TOMAŠEVIĆ
09/08/1960
Čačak
Snežana JOKIĆ
Čačak
14/07/2008
08/12/2008
Decision of the Constitutional Court awarding the applicant 400 EUR of non-pecuniary damage (Už-1382/2010 of 28/06/2012)
65856/12
24/09/2012
Dragiša MILJKOVIĆ
19/11/1955
Vlasotince
Snežana JOKIĆ
Čačak
14/07/2008
08/12/2008
Decision of the Constitutional Court awarding the applicant 400 EUR of non-pecuniary damage (Už-1382/2010 of 28/06/2012)
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