Published on 2 November 2022
SECOND SECTION
Application no. 7792/17
Ljubiša POPOVIĆ and Others against Serbia
and 2 other applications
(see list appended)
communicated on 13 October 2022
SUBJECT MATTER OF THE CASE
The applications concern the allegedly inconsistent case-law of the domestic courts. The applicants brought civil proceedings against their employer seeking compensation for work organised in shifts. The Požarevac Court of First Instance dismissed their claims. Those judgments were upheld by the Kragujevac Court of Appeal. The Constitutional Court rejected the applicants’ constitutional appeals.
The applicants complain under Article 6 § 1 of the Convention about the conflicting case-law on the matter: they submit a number of decisions showing that some courts allowed their colleagues’ identical claims.
QUESTIONS TO THE PARTIES
1. Have the applicants exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention? In particular, did they furnish the Constitutional Court with the examples of inconsistent case-law of the domestic courts on which they rely before this Court (see Golubović and Others v. Serbia (dec.), nos. 10044/11 and 8 others, § 43, 17 September 2013)?
2. Has there been a violation of the applicants’ right to a fair hearing, guaranteed by Article 6 § 1 of the Convention, on account of the inconsistent case-law of the domestic courts (see, for example, Lupeni Greek Catholic Parish and Others v. Romania [GC], no. 76943/11, § 116, 29 November 2016)?
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of birth
Represented by
1.
7792/17
Popović and Others v. Serbia
18/01/2017
Ljubiša POPOVIĆ
1966
Mijomir PEJOVIĆ
1964
Draško ŽIVANOVIĆ
1974
Maja DOBRIĆ
2.
36588/17
Lazić and Others v. Serbia
12/05/2017
Zlatan LAZIĆ
1961
Prvoslav STOKIĆ
1959
Radiša STOKIĆ
1961
Mita GAVRILOV
1961
Maja DOBRIĆ
3.
84712/17
Mirkovski and Others v. Serbia
06/12/2017
Miodrag MIRKOVSKI
1968
Dejan BLAGOJEVIĆ
1968
Vladoje GRUJIĆ
1966
Slađan MARINKOVIĆ
1967
Zoran JEVREMOVIĆ
1955
Vera TOMOVIĆ
(not lawyer)