THIRD SECTION
DECISION
Application no. 11553/09
Radoljub RADOSAVLJEVIĆ against Serbia
and 12 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 21 March 2017 as a Committee composed of:
Luis López Guerra, President,
Dmitry Dedov,
Branko Lubarda, judges,
and Fatoş Aracı, 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 applicants’ personal and other relevant details concerning each case are set out in the appended table.
The Serbian Government (“the Government”) were initially represented by their former Agent, Ms V. Rodić, being more recently substituted by their current Agent, Ms N. Plavšić.
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 different socially/State-owned companies. The final court decisions in question remain unenforced to the present day.
Between 22 September 2015 and 8 January 2016 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 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. This sum 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 this sum within the said three-month period, the Government undertook to pay simple interest on it, 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 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 at issue (see the appended table), 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 13 April 2017.
Fatoş AracıLuis López Guerra
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
11553/09
20/02/2009
Radoljub RADOSAVLJEVIĆ
27/04/1959
Serbian
1. Commercial Court in Kragujevac
I.St.1079/02 of 25 August 2003
2. Commercial Court in Kragujevac
I.St.1079/02 of 11 October 2004
1. Commercial Court in Kragujevac
I.St.1079/02 of 25 August 2003
2. Commercial Court in Kragujevac
I.St.1079/02 of 11 October 2004
65771/12
03/10/2012
Milosav PAJOVIĆ
17/04/1949
Serbian
Nataša MIJALJEVIĆ
Municipal Court in Novi Pazar
1. P1. 74/03 of 27 March 2003
2. P1. 349/04 of 22 September 2004
Municipal Court in Novi Pazar
1. I. 457/04 of 19 May 2004
2. I. 1094/06 of 20 October 2006
79059/12
07/12/2012
Vencislav VUKSANOVIĆ
06/07/1955
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
P1.86/09 of 24 April 2009
Court of First Instance in Novi Pazar
I.1237/11of 11 July 2011
79829/12
04/12/2012
Stojadinka VUKSANOVIĆ
25/06/1959
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
P1.87/09 of 3 March 2009
Court of First Instance in Novi Pazar
I.1217/11 of 08 July 2011
70957/14
30/07/2012
Džemila ŠEĆEROVIĆ
17/09/1957
Serbian
Ismet KALIĆ
Municipal Court in Novi Pazar
1. P1. 688/04 of 9 November 2004
2. P. 348/06 of 27 February 2006
Municipal Court in Novi Pazar
1. I. 1507/05 of 27 December 2005
2. I. 1054/06 of 17 July 2006
6268/15
29/10/2012
Bisera
AGUŠEVIĆ
16/11/1960
Serbian
Refija GARIBOVIĆ
Municipal Court in Novi Pazar
P1. 237/07 of 6 July 2007
Municipal Court in Novi Pazar
I. 1616/07 of 11 October 2007
16097/15
10/09/2012
Ramka REDŽEPOVIĆ
17/12/1967
Serbian
Refija GARIBOVIĆ
Municipal Court in Novi Pazar
1. P1. 300/06 of 24 May 2006
amended on 29 August 2006
2. P1. 131/07 of 17 April 2007
Municipal Court in Novi Pazar
1. I. 1090/2006 of 15 September 2006
2. I. 1230/2007 from 04 June 2007
21848/15
18/10/2012
Vinka
MILOJEVIĆ-BABIĆ
24/04/1958
Serbian
Ismet KALIĆ
Municipal Court in Novi Pazar
1. P1. 579/04 of 6 October 2005
2. P1. 301/06 of 19 April 2006
Municipal Court in Novi Pazar
1. I. 1923/05 of 5 January 2006
2. I. 1204/06 of 29 August 2006
21851/15
26/02/2013
Sadrija
NICEVIĆ
13/12/1950
Serbian
Ismet KALIĆ
Municipal Court in Novi Pazar
1. P1. 117/04 of 14 April 2004
2. P1. 360/05 of 13 September 2005
3. P1. 674/06 of 28 February 2007
4. P1. 338/07 of 9 July 2007
Municipal Court in Novi Pazar
1. I. 629/04 of 8 July 2004
2. I. 127/06 of 14 February 2006
3. I. 757/07 of 26 April 2007
4. I. 1977/07 of 10 December 2007
21852/15
26/02/2013
Ismeta
NICEVIĆ-PUZO
05/03/1963
Serbian
Ismet KALIĆ
Municipal Court in Novi Pazar
1. P1. 116/04 of 29 March 2004
2. P1. 356/05 of 5 September 2005
3. P1. 668/06 of 25 September 2006
4. P1. 116/07 of 9 July 2007
Municipal Court in Novi Pazar
1. I. 378/04 of 19 May 2004
2. I. 128/06 of 14 February 2006
3. I. 265/07 of 19 March 2007
4. I. 1980/07 of 10 December 2007
21853/15
08/03/2013
Miljana
BELIĆ-PAVLOVIĆ
04/03/1967
Serbian
Ismet KALIĆ
Municipal Court in Novi Pazar
1. P1. 547/06 of 27 July 2006
2. P1. 102/07 of 20 August 2007
Municipal Court in Novi Pazar
1. I. 119/07 of 20 February 2007
2. I. 2009/07 of 13 December 2007
21854/15
08/03/2013
Senad
SPAHOVIĆ
07/07/1966
Serbian
Ismet KALIĆ
Municipal Court in Novi Pazar
1. P1. 568/04 of 21 October 2004
2. P1. 360/06 of 30 March 2006
P1. 360/ 06 of 13 April 2006
3. P1. 1013/06 of 30 November 2006
Municipal Court in Novi Pazar
1. I. 1928/05 of 28 December 2005
2. I. 1356/06 of 10 October 2006
3. I. 123/07 of 21 July 2007
34805/15
05/09/2012
Slavica MIJAILOVIĆ-LAZOVIĆ
28/09/1970
Serbian
Ismet KALIĆ
Municipal Court in Novi Pazar
1. P1. 975/04 of 13 January 2005
2. P1. 542/06 of 2 April 2006
3. P1. 1038/06 of 9 July 2007
Municipal Court in Novi Pazar
1. I. 1304/05 of 27 December 2005
2. I. 1310/06 of 3 October 2006
3. I. 1966/07 of 10 December 2007
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