THIRD SECTION
DECISION
Application no. 73409/13
Milka PIPER against Serbia
and 15 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 7 November 2013 and 17 April 2014,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants’ personal details are set out in the appended table. They were all represented by the same attorney, Ms. D. Janković, a lawyer practising in Čačak.
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 the same socially/State-owned company. All the applicants have also obtained decisions of the Constitutional Court according to which the Constitutional Court held that the applicants had suffered a breach of their constitutional rights, awarded them certain sums as compensation for non-pecuniary damage and ordered the competent courts to bring the impugned enforcement proceedings to a conclusion as soon as possible. However, 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 20 November 2014 and 23 January 2015 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
Final domestic decision details
Enforcement order details
Constitutional Court decision details, amount awarded as a compensation for non-pecuniary damage
73409/13
07/11/2013
Milka PIPER
24/02/1949
Serbian
Čačak
P1. 175/05 of 29 January 2008
I. 629/08 of 13 May 2008
Už-3422/2010 of 8 May 2013
800 Euros
78196/13
18/11/2013
Stanica PETROVIĆ
26/02/1949
Serbian
Čačak
P1. 1957/2003 of 4 July 2008
I. 1425/09 of 12 October 2009
Už-3425/2010 of 23 May 2013
1,100 Euros
79431/13
08/11/2013
Radoš MATOVIĆ
22/12/1946
Serbian
Dragan MINIĆ
09/02/1963
Serbian
Kuzman TODOSIJEVIĆ
07/03/1962
Serbian
Vladimir PEJOVIĆ
12/02/1987
Serbian
Ljiljana PEJOVIĆ
27/12/1984
Serbian
Čačak
P1. 1197/2002 of 20 February 2008
I. 644/08 of 21 May 2008
Už-3421/2010 of 9 May 2013
1,200 Euros
900 Euros
900 Euros
600 Euros
600 Euros
29735/14
08/04/2014
Dragan MARKOVIĆ
04/07/1954
Serbian
Čačak
1. P1. 28/2003 of 4 June 2008
as amended on 24 December 2008 (see Gž-1708/08)
2. P1. 28/2003 of 8 April 2009
I. 1482/09 of 26 October 2009
Už-3573/2010 of 9 October 2013
1,200 Euros
29746/14
08/04/2014
Mikota MIJAILOVIĆ
30/03/1956
Serbian
Čačak
1. P1. 28/2003 of 4 June 2008
as amended on 24 December 2008 (see Gž-1708/08)
2. P1. 28/2003 of 8 April 2009
I. 1482/09 of 26 October 2009
Už-3573/2010 of 9 October 2013
1,200 Euros
29864/14
08/04/2014
Duško MILUTINOVIĆ
07/07/1963
Serbian
Čačak
1. P1. 28/2003 of 4 June 2008
as amended on 24 December 2008 (see Gž-1708/08)
2. P1. 28/2003 of 8 April 2009
I. 1482/09 of 26 October 2009
Už-3573/2010 of 9 October 2013
1,200 Euros
30012/14
08/04/2014
Čedo MILUTINOVIĆ
02/02/1952
Serbian
Čačak
1. P1. 28/2003 of 4 June 2008
as amended on 24 December 2008 (see Gž-1708/08)
2. P1. 28/2003 of 8 April 2009
I. 1482/09 of 26 October 2009
Už-3573/2010 of 9 October 2013
1,200 Euros
30529/14
09/04/2014
Milan ZEČEVIĆ
19/07/1950
Serbian
Čačak
P1. 801/04 of 27 March 2008
I. 1176/08 of 2 September 2008
Už-3572/2010 of 10 October 2013
1,000 Euros
30534/14
09/04/2014
Zoran ERIĆ
13/02/1955
Serbian
Čačak
P1. 801/04 of 27 March 2008
I. 1176/08 of 2 September 2008
Už-3572/2010 of 10 October 2013
1,000 Euros
30544/14
09/04/2014
Branko JAKOVLJEVIĆ
07/03/1951
Serbian
Čačak
P1. 801/04 of 27 March 2008
I. 1176/08 of 2 September 2008
Už-3572/2010 of 10 October 2013
900 Euros
30551/14
09/04/2014
Ljiljana AVRAMOVIĆ
22/09/1956
Serbian
Čačak
P1. 801/04 of 27 March 2008
I. 1176/08 of 2 September 2008
Už-3572/2010 of 10 October 2013
900 Euros
30576/14
09/04/2014
Vuk ĆERIMAN
05/01/1960
Serbian
Čačak
P1. 801/04 of 27 March 2008
I. 1176/08 of 2 September 2008
Už-3572/2010 of 10 October 2013
800 Euros
31998/14
17/04/2014
Milanka ĆIRIĆ
06/01/1949
Serbian
Čačak
P1. 122/08 of 31 March 2008
I. 1517/08 of 11 November 2008
Už-3448/2010 of 24 October 2013
1,000 Euros
32028/14
17/04/2014
Predrag MILOŠEVIĆ
01/09/1963
Serbian
Čačak
P1. 122/08 of 31 March 2008
I. 1517/08 of 11 November 2008
Už-3448/2010 of 24 October 2013
900 Euros
32055/14
17/04/2014
Tomislav ŠUTIĆ
01/01/1952
Serbian
Čačak
P1. 122/08 of 31 March 2008
I. 1517/08 of 11 November 2008
Už-3448/2010 of 24 October 2013
900 Euros
32063/14
17/04/2014
Miloš MILUTINOVIĆ
20/10/1955
Serbian
Čačak
P1. 1261/2003 of 25 August 2008
I. 290/09 of 2 March 2009
Už-3576/2010 of 23 October 2013
900 Euros
Full & Egal Universal Law Academy