THIRD SECTION
DECISION
Application no. 19938/13
Estika PETROVIĆ against Serbia
and 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 5 March 2013 and 16 April 2013,
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 6 January 2014 and 11 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. and date of introduction
Applicant name
date of birth
nationality
Final domestic decision details
Enforcement order details
19938/13
07/03/2013
Estika PETROVIĆ
Serbian
Ruma
08/10/2003
12/10/2006 (Trade Court in Sremska Mitrovica)
26/04/2007
20021/13
05/03/2013
Obrad RISTIVOJEVIĆ
Serbian
Ruma
08/10/2003
10/11/2003
06/08/2010 (enforcement requested in insolvency proceedings)
20024/13
05/03/2013
Petko SRBINOVSKI
Serbian
Ruma
03/12/2003
23/03/2009
28/01/2009 (Trade Court in Sremska Mitrovica)
06/08/2010 (Trade Court in Sremska Mitrovica - enforcement requested in insolvency proceedings)
20219/13
07/03/2013
Biljana NOVČIĆ
Serbian
Ruma
10/10/2003
13/06/2008
18/12/2007 (Trade Court in Sremska Mitrovica)
06/08/2010 (enforcement requested in insolvency proceedings)
28862/13
16/04/2013
Petar JANKOVIĆ
12/09/1958
Serbian
Ruma
14/11/2003
26/04/2007 (enforcement requested)
23/03/2009
11/08/2010 (Trade Court in Sremska Mitrovica - enforcement requested in insolvency proceedings)
30800/13
15/04/2013
Milovan SEKULIĆ
20/03/1962
Serbian
Ruma
01/12/2003
28/05/2007 (Trade Court in Sremska Mitrovica)
12/08/2010 (enforcement requested in insolvency proceedings)
32206/13
16/04/2013
Radislav VIDOVIĆ
03/02/1957
Serbian
Ruma
27/10/2003
23/03/2009 (Trade Court in Sremska Mitrovica)
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