SECOND SECTION
DECISION
Application no. 60854/12
Radojka PUZOVIĆ against Serbia
and 10 other applications
(see list appended)
The European Court of Human Rights (Second Section), sitting on 1 October 2013 as a Committee composed of:
Paulo Pinto de Albuquerque, President,
Dragoljub Popović,
Helen Keller, judges,
and Seçkin Erel, Acting Deputy Section Registrar,
Having regard to the above applications lodged between 15 September and 3 December 2012,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicants’ personal and other relevant details are set out in the appended table. They were represented before the Court by Mr I. Kalić, a lawyer practicing in Novi Pazar. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
Relying on Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 to 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 16 April and 25 June 2013 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 the amounts specified in the appended table 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 case (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 settlements reached between the parties. It is satisfied that the settlements are 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.
Seçkin ErelPaulo Pinto de Albuquerque
Acting Deputy RegistrarPresident
Appendix
No.
Application
no. and date of introduction
Applicant name
date of birth
place of residence
nationality
Final domestic decision details
Enforcement order details
Amount FS
60854/12
15/09/2012
Radojka PUZOVIĆ
09/12/1960
Novi Pazar
Serbian
1. Municipal Court in Novi Pazar
P1-953/04 of 20 December 2004
2. Municipal Court in Novi Pazar
P1-518/06 of 28 August 2006
3. Municipal Court in Novi Pazar
P1-122/07 of 28 February 2007
1. Municipal Court in Novi Pazar
I-1802/2005 of 5 January 2006
2. Municipal Court in Novi Pazar
I-114/2007 of 19 February 2007
3. Municipal Court in Novi Pazar
I-850/07 of 11 May 2007
4,800
79863/12
03/12/2012
Ratko BELIĆ
18/04/1959
Novi Pazar
Serbian
1. Municipal Court in Novi Pazar
P1-766/04 of 29 September 2004
2. Municipal Court in Novi Pazar
P1-259/06 of 14 March 2006
1. Municipal Court in Novi Pazar
I-838/06 of 5 July 2006
2. Municipal Court in Novi Pazar
I-1388/06 of 17 October 2006
4,800
80631/12
05/12/2012
Fatima AVDIĆ HADŽIBULIĆ
28/08/1968
Novi Pazar
Serbian
1. Municipal Court in Novi Pazar
P1-516/04 of 4 October 2004
2. Municipal Court in Novi Pazar
P1-185/06 of 28 March 2006
1. Municipal Court in Novi Pazar
I-1979/05 of 30 January 2006
2. Municipal Court in Novi Pazar
I-964/06 of 4 July 2006
4,800
80715/12
09/11/2012
Anđa PETROVIĆ SAMČEVIĆ
16/02/1956
Novi Pazar
Serbian
1. Municipal Court in Novi Pazar
P1-729/04 of 6 October 2004
2. Municipal Court in Novi Pazar
P1-354/06 of 29 May 2006
1. Municipal Court in Novi Pazar
I-1974/05 of 30 January 2006
2. Municipal Court in Novi Pazar
I-1149/06 of 25 August 2006
4,800
80745/12
26/11/2012
Sadija BAŽDAR
03/11/1958
Novi Pazar
Serbian
Municipal Court in Novi Pazar
P1-565/07 of 4 December 2007
Municipal Court in Novi Pazar
I-2067/2007 of 27 December 2007
4,800
80752/12
26/11/2012
Mejrema ŠAHOVIĆ
06/09/1964
Novi Pazar
Serbian
1. Municipal Court in Novi Pazar
P1-1089/04 of 25 November 2004
2. Municipal Court in Novi Pazar
P1-459/06 of 7 April 2006
1. Municipal Court in Novi Pazar
I-1853/2005 of 27 December 2005
2. Municipal Court in Novi Pazar
I-1000/06 of 10 July 2006
4,800
80889/12
23/11/2012
Elzana LJEVOŠ
19/12/1968
Novi Pazar
Serbian
1. Municipal Court in Novi Pazar
P1-39/05 of 18 February 2005
2. Municipal Court in Novi Pazar
P1-470/06 of 26 May 2006
3. Municipal Court in Novi Pazar
P1-27/07 of 23 February 2007
1. Municipal Court in Novi Pazar
I-912/05 of 26 September 2005
2. Municipal Court in Novi Pazar
I-1503/2006 of 15 November 2006
3. Municipal Court in Novi Pazar
I-711/2007 of 24 April 2007
4,800
80891/12
23/11/2012
Selmo LJEVOŠ
25/02/1953
Novi Pazar
Serbian
Municipal Court in Novi Pazar
P1-546/04 of 5 October 2004
Municipal Court in Novi Pazar
I-1160/11 of 8 July 2011
1,300
81371/12
23/10/2012
Dragica PETROVIĆ
04/09/1954
Novi Pazar
Serbian
1. Municipal Court in Novi Pazar
P1-954/04 of 22 November 2004
2. Municipal Court in Novi Pazar
P1-517/06 of 4 April 2006
3. Municipal Court in Novi Pazar
P1-1040/06 of 13 December 2006
1. Municipal Court in Novi Pazar
I-1779/05 of 5 January 2006
2. Municipal Court in Novi Pazar
I-1308/06 of 3 October 2006
3. Municipal Court in Novi Pazar
I-108/07 of 19 February 2007
4,800
81429/12
16/10/2012
Aljo SEJDOVIĆ
02/10/1953
Novi Pazar
Serbian
1. Municipal Court in Novi Pazar
P1-221/03 of 27 August 2003
2. Municipal Court in Novi Pazar
P1-541/05 of 13 December 2005
3. Municipal Court in Novi Pazar
P1-619/06 of 12 September 2006
1. Municipal Court in Novi Pazar
I-1073/03 of 19 December 2003
2. Municipal Court in Novi Pazar
I-1430/06 of 31 October 2006
3. Municipal Court in Novi Pazar
I-1245/07 of 8 June 2007
4,800
13571/13
03/12/2012
Mehdija EMINOVIĆ BIHORAC
18/05/1965
Novi Pazar
Serbian
1. Municipal Court in Novi Pazar
P1-541/04 of 10 March 2005
2. Municipal Court in Novi Pazar
P1-244/06 of 14 April 2006
1. Municipal Court in Novi Pazar
I-13/06 of 14 February 2006
2. Municipal Court in Novi Pazar
I-291/07 of 26 March 2007
4,800
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