THIRD SECTION
DECISION
Application no. 69177/11
Milodarka RADENKOVIĆ against Serbia
and 26 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 13 July 2010 and 30 September 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 23 December 2013 and 2 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
Represented by
Final domestic decision details
Enforcement order details
69177/11
19/09/2011
Milodarka RADENKOVIĆ
26/09/1954
Serbian
Refija GARIBOVIĆ
Novi Pazar
1. 09/12/2004
2. 15/05/2007
3. 25/03/2008
1. 14/02/2006
2. 25/06/2007
3. 09/06/2008
17474/12
13/03/2012
Ljiljana ILIĆ
06/03/1953
Serbian
Refija GARIBOVIĆ
Čačak
19/02/2001
17/02/2003
17483/12
13/03/2012
Nada OSTOJIĆ
12/08/1952
Serbian
Refija GARIBOVIĆ
Čačak
05/02/2001
17/02/2003
17485/12
13/03/2012
Rada SREDOVIĆ
20/04/1949
Serbian
Refija GARIBOVIĆ
Čačak
05/02/2001
17/02/2003
17488/12
13/03/2012
Ljiljana ŽAGRIĆ
08/11/1955
Serbian
Refija GARIBOVIĆ
Čačak
05/02/2001
17/02/2003
17492/12
13/03/2012
Stajka VUJOVIĆ
11/03/1958
Serbian
Refija GARIBOVIĆ
Čačak
05/02/2001
17/02/2003
21636/12
05/04/2012
Milorad MILIĆEVIĆ
14/12/1949
Serbian
Refija GARIBOVIĆ
Aranđelovac
02/07/2007
22/05/2009
17/02/2011
29/04/2011
22151/12
02/11/2011
Živorad VLAJKOVIĆ
28/08/1949
Serbian
Refija GARIBOVIĆ
Aranđelovac
12/10/2007
04/12/2008
14/04/2011
22168/12
02/11/2011
Slavica IVKOVIĆ
10/11/1954
Serbian
Refija GARIBOVIĆ
Aranđelovac
20/04/2005
21/10/2005
13/10/2005
09/12/2005
04/01/2006
15/05/2008
03/07/2006
04/04/2011
44072/12
09/07/2012
Leposava MINIĆ
06/06/1963
Serbian
Refija GARIBOVIĆ
Aranđelovac
16/03/2009
07/04/2011
58823/12
05/09/2012
Ramiza ETEMOVIĆ
19/12/1966
Serbian
Refija GARIBOVIĆ
Novi Pazar
16 May 2007
12 December 2007
10 August 2007
22 February 2008 (enforcement rejected due to debtor’s restructuring)
7 July 2011
60116/12
12/09/2012
Sabaheta ISLAMOVIĆ
21/02/1967
Serbian
Refija GARIBOVIĆ
Novi Pazar
17/07/2002
08/04/2003
70026/12
25/10/2012
Marija IVOVIĆ
11/03/1947
Serbian
Refija GARIBOVIĆ
Aranđelovac
23/03/2004
25/03/2005
09/05/2006
20/06/2011
16/05/2011
05/04/2011
70708/12
13/07/2010
Sabaheta KUČEVIĆ
Serbian
Refija GARIBOVIĆ
Novi Pazar
17/09/2007
22/02/2008 (enforcement rejected due to debtor’s restructuring)
78713/12
03/12/2012
Kimeta LUKAČ
01/06/1955
Serbian
Refija GARIBOVIĆ
Novi Pazar
4/12/2007
22/01/2008
30/01/2013
64904/13
27/09/2013
Jasmina JOVIĆ
24/05/1967
Serbian
Slobodan PROTIĆ
Belgrade
24/12/2007
18/07/2011
64914/13
27/09/2013
Vesna MILETIĆ
18/04/1959
Serbian
Slobodan PROTIĆ
Belgrade
28/01/2008
28/06/2011
64953/13
30/09/2013
Mirjana PANDUREVIĆ
03/11/1957
Serbian
Slobodan PROTIĆ
Belgrade
17/12/2007
18/07/2011
64956/13
30/09/2013
Petar SARIĆ
06/11/1985
Serbian
Slobodan PROTIĆ
Belgrade
7/12/2007
30/08/2011
64960/13
30/09/2013
Goran PETROVIĆ
17/10/1962
Serbian
Slobodan PROTIĆ
Belgrade
12/09/2007
10/07/2008
65868/13
30/09/2013
Dragana GAROVIĆ
20/04/1967
Serbian
Esad KLIMENTA
Novi Pazar
18/05/2009
25/09/2012
29/05/2012
20/12/2012
66070/13
30/09/2013
Mirjana STANOJEVIĆ
22/02/1960
Serbian
Slobodan PROTIĆ
Belgrade
28/11/2007
08/08/2011
66133/13
25/09/2013
Uroš RANĐIĆ
01/06/1974
Serbian
Slobodan PROTIĆ
Belgrade
24/12/2007
20/07/2011
68823/13
30/08/2013
Mithat TAFILOVIĆ
12/01/1962
Serbian
Emir FETAHOVIĆ
Novi Pazar
03/02/2005
22/11/2005
03/10/2006
27/12/2005
14/02/2006
19/03/2007
71879/13
09/07/2012
Mara DIMITRIJEVIĆ
19/05/1964
Serbian
Refija GARIBOVIĆ
Aranđelovac
16/03/2009
01/04/2011
71890/13
09/07/2012
Suzana LJUBIĆ
08/08/1964
Serbian
Refija GARIBOVIĆ
Aranđelovac
16/03/2009
01/04/2011
71893/13
09/07/2012
Dobrila VOJINOVIĆ
16/01/1953
Serbian
Refija GARIBOVIĆ
Aranđelovac
16/03/2009
04/08/2011
Full & Egal Universal Law Academy