Communicated on 13 July 2018
THIRD SECTION
Application no. 55003/16
Marko RADOVANOVIĆ against Serbia
and 11 others – see appended list
STATEMENT OF FACTS
The applicants’ personal information, information regarding their legal counsel, and the relevant factual details concerning their cases, respectively, are set out in the appended table.
Generally speaking, all applicants obtained final court judgments in their favour, according to which the socially/State-owned company in question was ordered to pay them their salary arrears.
The competent domestic courts awarded each applicant a certain sum as compensation for the non-pecuniary damage suffered because of the length of the impugned enforcement proceedings, respectively (see the appended table). All these decisions were subsequently upheld by the Supreme Court of Cassation.
Lastly, between 12 May 2016 and 6 July 2017, the Constitutional Court, while deciding on the appeals lodged by each of the applicants, found a violation of their respective property rights and ordered the State to pay them, in respect of the pecuniary damage suffered, the sums awarded in the final domestic judgments rendered in their favour. By August 2017, those sums were paid to the applicants in their entirety. However, the Constitutional Court rejected the applicants’ complaints in respect of non-pecuniary damage.
COMPLAINTS
Relying on Article 6 of the Convention, the applicants complain about the length of their enforcement proceedings, as well as the preceding civil suits, respectively. They further complain under Article 13 of the Convention about the absence of effective domestic remedies in this regard.
QUESTIONS tO THE PARTIES
1. Was the length of the enforcement proceedings as well as the preceding civil suits in the present cases in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention?
2. Did the applicants, in this respect, have at their disposal effective domestic remedies, as required by Article 13 of the Convention?
Appendix
No.
Application
no. and date of introduction
Applicant’s name
Date of birth
Place of residence
ationality
Represented by
Final domestic decision details
Enforcement order details
Other decision details;
Just satisfaction awarded for the non-pecuniary damage suffered
55003/16
10/09/2016
Marko
RADOVANOVIĆ
10/05/1968
Čačak
Serbian
Dragana JANKOVIĆ
Municipal Court in Čačak
P1.37/2003
13/10/2008
Municipal Court in Čačak
I841/09
12/06/2009
Court of Appeals in Kragujevac
R4-r-161/14
27/04/2015
50.000[1]
55165/16
10/09/2016
Milun
STEVANOVIĆ
26/07/1959
Čačak
Serbian
Dragana JANKOVIĆ
Municipal Court in Čačak
P1.222/2009
18/05/2009
Municipal Court in Čačak
I.1454/09
19/10/2009
High Court in Čačak
R4.I.167/14
15/01/2015
200 euros
55199/16
10/09/2016
Milivoje
KUJUNDŽIĆ
07/10/1950
Čačak
Serbian
Dragana JANKOVIĆ
Municipal Court in Čačak
P1.37/03
13/10/2008
Municipal Court in Čačak
I.841/09
12/06/2009
Court of Appeals in Kragujevac
R4-r-161/14
27/04/2015
50.000[2]
58368/16
23/09/2016
Miljan
ČUKANOVIĆ
15/12/1949
Čačak
Serbian
Dragana JANKOVIĆ
Municipal Court in Čačak
P1.1196/2002
29/05/2008
Municipal Court in Čačak
I.1070/08
04/08/2008
High Court in Čačak
R4-I.252/14
03/02/2015
100 euros
14938/17
14/02/2017
Anđelija
ŠIPETIĆ
26/04/1954
Čačak
Serbian
Ivana
KRUNIĆ
Municipal Court in Čačak
P1.890/04
17/03/2008
Municipal Court in Čačak
I.159/09
05/02/2009
High Court in Čačak
R4-I.205/14
14/04/2015
150 euros
20906/17
06/03/2017
Milan
MIRKOVIĆ
17/04/1952
Čačak
Serbian
Ivana
KRUNIĆ
Municipal Court in Čačak
P1.729/03
10/06/2008
Municipal Court in Čačak
P1.142/09
18/05/2009
Municipal Court in Čačak
I.1240/09
18/09/2009
High Court in Čačak
R4.I.206/14
29/12/2014
200 euros
22606/17
15/03/2017
Milutin
BOJOVIĆ
21/09/1949
Čačak
Serbian
Dragana JANKOVIĆ
Municipal Court in Čačak
P1.710/2007
31/01/2008
Municipal Court in Čačak
I.1603/08
01/12/2008
High Court in Čačak
R4-I-256/14
30/03/2015
150 euros
25312/17
20/03/2017
Dragana
TOMOVIĆ
08/12/1963
Čačak
Serbian
Ivana
KRUNIĆ
Municipal Court in Čačak
P1.146/08
19/11/2008
Municipal Court in Čačak
I.158/09
05/02/2009
High Court in Čačak
R4I.260/14
02/02/2015
100 euros
61028/17
12/08/2017
Miroslav
SIMEUNOVIĆ
15/05/1962
Čačak
Serbian
Dragana JANKOVIĆ
Municipal Court in Čačak
P1.1240/03
12/03/2008
Municipal Court in Čačak
I.838/08
07/07/2008
High Court in Čačak
R4(I).350/15
04/12/2015
30,000[3]
61340/17
12/08/2017
Milojko
ĐAKOVIĆ
06/12/1956
Čačak
Serbian
Dragana JANKOVIĆ
Municipal Court in Čačak
P1.1240/03
12/03/2008
Municipal Court in Čačak
I.838/08
07/07/2008
High Court in Čačak
R4(I).350/15
04/12/2015
30,000[4]
77837/17
04/11/2017
Miroslav
PETRIĆ
16/05/1962
Čačak
Serbian
Dragana JANKOVIĆ
Municipal Court in Čačak
P1.31/03
13/01/2009
Municipal Court in Čačak
I.1249/09
01/09/2009
High Court in Čačak
3R4.I.207/14
22/12/2014
100 euros
77858/17
04/11/2017
Nebojša
BIŠEVAC
03/08/1953
Čačak
Serbian
Dragana JANKOVIĆ
Municipal Court in Čačak
P1.31/03
13/01/2009
Municipal Court in Čačak
I.1249/09
01/09/2009
High Court in Čačak
3R4.I.207/14
22/12/2014
100 euros
[1]. RSD 50.000 was approximately 400 euros on the date on which the Court of Appeals in Kragujevac rendered the decision.
[2]. Ibid.
[3]. RSD 30.000 was approximately 250 euros on the date on which the Court of Appeals in Kragujevac rendered the decision.
[4]. Ibid.
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