SECOND SECTION
DECISION
Application no. 75330/17
Milić RADOJIČIĆ against Serbia
and 15 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 25 March 2021 as a Committee composed of:
Carlo Ranzoni, President,
Branko Lubarda,
Pauliine Koskelo, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Ms D. Janković, a lawyer practising in Čačak. The applicant in application no. 75330/17, Mr Radojičić, died on 27 December 2019. The Government accepted his son, Mr Željko Radojičić, as the applicant’s legal heir.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the delayed enforcement of domestic decisions given against socially/State-owned companies were communicated to the Serbian Government (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicants/heir of the applicant agreed to waive any further claims against Serbia in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the 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 payment will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court takes note of the death of Mr Radojičić and of the wish of his son to pursue the proceedings. The Court reiterates that where an applicant dies during the examination of a case his or her heirs may in principle pursue the application on his or her behalf (see Ječius v. Lithuania, no. 34578/97, § 41, ECHR 2000-IX; Shiryayeva v. Russia, no. 21417/04, §§ 8-9, 13 July 2006; and Horváthová v. Slovakia, no. 74456/01, § 26, 17 May 2005). Nothing suggests that the rights the applicant sought to protect through the Convention mechanism were eminently personal and non-transferable (see Malhous v. the Czech Republic [GC], no. 33071/96, 12 July 2001). The Government did not contend that Mr Radojičić had no standing to pursue the case. Therefore, the Court considers that the applicant’s son has a legitimate interest in pursuing the application.
The Court further 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 the Protocols thereto 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 that in respect of application no. 75330/17 Mr Radojičić has standing to continue the proceedings in his late father’s stead;
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 15 April 2021.
Viktoriya MaradudinaCarlo Ranzoni
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1
(delayed enforcement of domestic decisions given against socially/State-owned companies)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
per applicant
(in euros)[1] 2
Amount awarded for costs and expenses per application
(in euros)3
75330/17
19/10/2017
Milić RADOJIČIĆ
Year of birth: 1943
Date of death: 27/12/2019
Pursued by heir:
Željko Radojičić
1971
14/10/2020
10/12/2020
1,000
250
75875/17
19/10/2017
Milovan ZATEŽIĆ
1951
14/10/2020
24/06/2020
1,000
250
80914/17
17/11/2017
Mila JANOŠEVIĆ
1955
14/10/2020
26/06/2020
1,000
250
2356/18
05/01/2018
Vladan TALOVIĆ
1964
14/10/2020
26/06/2020
1,000
250
2934/18
05/01/2018
Lazar ĐURIĆ
1952
14/10/2020
26/06/2020
1,000
250
3680/18
12/01/2018
Dobriša PETRIĆEVIĆ
1955
14/10/2020
26/06/2020
1,000
250
3882/18
12/01/2018
Mladen ĐURAŠEVIĆ
1964
14/10/2020
26/06/2020
1,000
250
3922/18
12/01/2018
Marija LAZOVIĆ
1945
14/10/2020
26/06/2020
1,000
250
3925/18
12/01/2018
Ranko PLJEVALJČIĆ
1957
14/10/2020
26/06/2020
1,000
250
53084/18
19/10/2018
Miloš JOKSIĆ
1957
14/10/2020
25/06/2020
1,000
250
53110/18
24/10/2018
Nenad PAREZANOVIĆ
1954
14/10/2020
25/06/2020
1,000
250
55243/18
05/11/2018
Sreten KOJOVIĆ
1955
14/10/2020
25/06/2020
1,000
250
32001/19
07/06/2019
Svetlana VOJIČIĆ
1956
24/11/2020
25/06/2020
1,000
250
32050/19
07/06/2019
Dobrosav RADISAVLJEVIĆ
1957
24/11/2020
25/06/2020
1,000
250
32057/19
07/06/2019
Novka MILENKOVIĆ
1949
14/10/2020
26/06/2020
1,000
250
32803/19
07/06/2019
Rada SAVIĆ
1958
24/11/2020
26/06/2020
1,000
250
[1] Plus any tax that may be chargeable to the applicants.
2 Less any amounts which may have already been paid in that regard at the domestic level.
3 Plus any tax that may be chargeable to the applicants.
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