SECOND SECTION
DECISION
Application no. 32635/10
Dragica RADIVOJEVIĆ against Serbia
and 13 other applications
(see list appended)
The European Court of Human Rights (Second Section), sitting on 10 May 2012 as a Committee composed of:
András Sajó, President
Dragoljub Popović,
Paulo Pinto de Albuquerque, judges,
and Françoise Elens-Passos, Deputy Section Registrar,
Having regard to the above applications lodged between 27 and 28 May 2010,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
PROCEDURE
All of the applicants are Serbian nationals (for additional personal details see the appended table). The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
Relying on Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention, the applicants complained about the respondent State’s failure to fully enforce final court decisions rendered in their favour against the same “socially-owned” company DP “Zorka Poliplast” from Šabac. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 5 December 2011 and 21 December 2011 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 (two thousand) euros to cover any non-pecuniary damage as well as costs and expenses, which will be converted into local currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. These sums will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 39 § 3 of the European Convention on Human Rights. 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 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 will pay, from their own funds, the sums awarded in the domestic decisions under consideration in the present case (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 ( Article 39). 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 (Article 37 § 1 in fine of the Convention).
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.
Françoise Elens-PassosAndrás Sajó
Deputy RegistrarPresident
No.
Application
no.
Lodged on
Applicant name
date of birth
place of residence
Final domestic decision
(issuing authority / case no.,
adopted on)
Enforcement order
(enforcement authority, case no.)
32635/10
28/05/2010
Dragica RADIVOJEVIĆ
15/04/1957
Šabac
Municipal Court in Šabac
P. 3307/06 of 6 July 2006
Enforcement requested in the insolvency proceedings (potraživanje prijavljeno u stečajnom postupku) on 13/11/2006
Commercial Court in Valjevo
(I. St. 37/06)
32638/10
27/05/2010
Gordana MARIĆ
16/02/1957
Šabac
Municipal Court in Šabac
III R. 612/06 of 8 August 2006
III R. 613/06 of 18 September 2006
Enforcement requested in the insolvency proceedings on 13/11/2006
Commercial Court in Valjevo
(I. St. 37/06)
32640/10
28/05/2010
Živka GLADOVIĆ
15/01/1951
Šabac
Municipal Court in Šabac
III R. 611/06 of 18 September 2006
Enforcement requested in the insolvency proceedings on 13/11/2006
Commercial Court in Valjevo
(I. St. 37/06)
32646/10
28/05/2010
Zoran POPADIĆ
29/04/1966
Cerovac
Municipal Court in Šabac
III R. 383/06 of 4 May 2006
III R. 382/06 of 16 May 2006
Enforcement requested in the insolvency proceedings on 13/11/2006
Commercial Court in Valjevo
(I. St. 37/06)
32650/10
28/05/2010
Zoran DIMITRIJEVIĆ
11/08/1958
Šabac
Municipal Court in Šabac
III R. 485/06 of 5 July 2006
III R. 487/06 of 5 July 2006
Enforcement requested in the insolvency proceedings on 13/11/2006
Commercial Court in Valjevo
(I. St. 37/06)
32669/10
28/05/2010
Radislav ĐURIĆ
23/10/1955
Cerovac
Municipal Court in Šabac
III R. 277/06 of 12 May 2006
III R. 290/06 of 16 May 2006
Enforcement requested in the insolvency proceedings on 13/11/2006
Commercial Court in Valjevo
(I. St. 37/06)
32678/10
28/05/2010
Slobodan RADIVOJEVIĆ
08/04/1956
Šabac
Municipal Court in Šabac
III R. 297/06 of 4 May 2006
P. 334/06 of 6 July 2006
Enforcement requested in the insolvency proceedings on 13/11/2006
Commercial Court in Valjevo
(I. St. 37/06)
32724/10
27/05/2010
Slobodan STEPIĆ
06/12/1958
Šabac
Municipal Court in Šabac
P. 257/06 of 16 May 2006
III R. 284/06 of 16 May 2006
Enforcement requested in the insolvency proceedings on 13/11/2006
Commercial Court in Valjevo
(I. St. 37/06)
32750/10
27/05/2010
Stanimir VASIĆ
20/03/1956
Šabac
Municipal Court in Šabac
P. 329/06 of 16 May 2006
III. R. 295/06 of 4 May 2006
Enforcement requested in the insolvency proceedings on 13/11/2006
Commercial Court in Valjevo
(I. St. 37/06)
45790/10
28/05/2010
Dragan PAVLOVIĆ
22/07/1956
Šabac
Municipal Court in Šabac
P. 331/06 of 23 May 2006
Enforcement requested in the insolvency proceedings (potraživanje prijavljeno u stečajnom postupku) on 13/11/2006
Commercial Court in Valjevo
(I. St. 37/06)
45812/10
28/05/2010
Milovan GAVRILOVIĆ
12/11/1964
Mala Vranjska
Municipal Court in Šabac
III. R. 267/06 of 12 May 2006
III. R. 298/06 of 16 May 2006
Enforcement requested in the insolvency proceedings on 13/11/2006
Commercial Court in Valjevo
(I. St. 37/06)
45814/10
28/05/2010
Dragoljub MILETIC
11/12/1955
Šabac
Municipal Court in Šabac
P. 990/02 of 4 July 2002
Enforcement requested in the insolvency proceedings
Commercial Court in Valjevo
(I. St. 37/06 of 13/10/2006)
45816/10
28/05/2010
Stamenka VASIĆ
17/03/1958
Šabac
Municipal Court in Šabac
P. 333/06 of 16 May 2006
Enforcement requested in the insolvency proceedings on 13/11/2006
Commercial Court in Valjevo
(I. St. 37/06)
45817/10
28/05/2010
Ljubisav LUKIĆ
27/07/1958
Šabac
Municipal Court in Šabac
P. 4484/01 of 17 May 2002
Enforcement requested in the insolvency proceedings
Commercial Court in Valjevo
(I. St. 37/06 of 13/10/2006)
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