THIRD SECTION
DECISION
Application no. 7736/17
Višeslav POPOV
against Serbia
(see appended table)
The European Court of Human Rights (Third Section), sitting on 29 August 2019 as a Committee composed of:
Dmitry Dedov, President,
Alena Poláčková,
Gilberto Felici, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 16 January 2017,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Ms R. Dugošija, a lawyer practising in Žabari.
The applicant’s complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Serbian Government (“the Government”).
THE LAW
In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the respondent Government cannot be held liable for the length of the civil proceedings.
In particular, the Court notes that the applicant lodged a civil action against his employer in September 2005, seeking payment of various work-related benefits, before a court which had no jurisdiction to deal with the case. The action reached the competent court in January 2006. Shortly thereafter, the proceedings were stayed at the request of the applicant until 27 February 2007. On 1 February 2008 the applicant withdrew his claim almost entirely continuing to seek payment of travel expenses only. Furthermore, ten hearings scheduled in the period of 2008-2011 were adjourned at the request of the applicant or both parties.
In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 19 September 2019.
Liv TigerstedtDmitry Dedov
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
(excessive length of civil proceedings)
Application no.
Date of introduction
Applicant’s name
Date of birth
Start of proceedings
End of proceedings
Total length
Levels of jurisdiction
Relevant domestic decision
7736/17
16/01/2017
Višeslav Popov
21/12/1975
08/09/2005
23/10/2013
8 years and 1 month and 16 days
2 levels of jurisdiction
Constitutional Court
Už-2917/2014
15 September 2016
Inadmissible
Full & Egal Universal Law Academy