THIRD SECTION
DECISION
Application no. 47174/08
Milan RADETIĆ against Serbia
and 7 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 15 December 2015 as a Committee composed of:
Helena Jäderblom, President,
Dmitry Dedov,
Branko Lubarda, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above applications lodged between 22 September 2008 and 1 July 2013,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
THE FACTS
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 different socially/State-owned companies. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 30 December 2014 and 21 September 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 14 January 2016.
Marialena TsirliHelena Jäderblom
Deputy RegistrarPresident
APPENDIX
No.
Application no. and date of introduction
Applicant name
date of birth
place of residence
nationality
Represented by
Final domestic decision details
Enforcement order details
47174/08
22/09/2008
Milan RADETIĆ
01/01/1960
Serbian
Daroslava TODOROVIĆ
Kraljevo Municipal Court
IP 1010/03 of 10 June 2003
Kraljevo Municipal Court
I. 35/05 of 17 January 2005
I. 159/08 of 30 January 2008
47423/08
23/09/2008
Nazira BAĆIĆANIN
01/01/1961
Serbian
Refija GARIBOVIĆ
Municipal Court in Novi Pazar P.1.br.399/07 of 06 June 2007
P1.br.906/07 of 11 June 2007
Municipal Court in Novi Pazar
I. 1474/07 of 10 August 2007
34210/12
25/05/2012
Slobodan VUKSANOVIĆ
19/04/1946
Serbian
First Instance Court in Beograd
1P. 14729/10 of 15 April 2011
Belgrade Appellate Court
Gž 2709/11 of 15 July 2011
First Basic Court in Beograd
ZI 24188/11 of 14 December 2011
50681/12
06/08/2012
Nada IZVONAR
21/05/1958
Serbian
Kragujevac Court of First Instance
P1 4085/10 of 29 April 2011
Kragujevac Court of First Instance
I. 8453/11 of 2 December 2011
71826/12
19/10/2012
Sabaheta PALJEVAC
30/07/1950
Serbian
Ismet KALIĆ
Municipal Court in Novi Pazar
P1 121/04 of 16 April 2004
P1 357/05 of 13 October 2005
P1 679/06 of 2 October 2006
Municipal Court in novi Pazar
I. 557/04 of 20 August 2004
I. 2279/12 of 20 August 2012
I. 259/07 of 19 March 2007
78089/12
26/11/2012
Selvera ŠUSTERAC
10/09/1963
Serbian
Refija GARIBOVIĆ
Novi Pazar First Instance Court
I-15 P1 162/12 of 8 May 2012
Novi pazar First Instance Court
19-I 2418/12 of 11 September 2012
7.
49864/13
01/07/2013
Vezirka MEHOVIĆ
30/08/1954
Serbian
Hasim KLIMENTA
Municipal Court in Tutin
P. 342/02
26 November 2002
Municipal Court in Novi Pazar
I. 31/
27 January 2003
8.
50135/13
03/06/2013
Danica JANIĆ PAUNOVIĆ
08/01/1966
Serbian
Emir FETAHOVIĆ
Novi Pazar Municipal Court
P1 266/04 of 29 June 2004
P1 376/05 of 5 October 2006
P1 709/06 3 May 2006
Novi Pazar Municipal Court
I. 1152/06 of 25 August 2006
I. 1215/07 of 4 June 2007
Novi Pazar Court of First Instance
I. 979/05 of 8 July 2013
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