SECOND SECTION
DECISION
Application no. 42495/18
Novica RANĐELOVIĆ against Serbia
and 3 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 8 April 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 declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,
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 T. Stojiljković, a lawyer practising in Leskovac.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement of domestic decisions given against socially/State-owned companies were communicated to the Serbian Government (“the Government”).
After unsuccessful friendly-settlement negotiations, the Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged the non-enforcement of domestic decisions given against socially/State-owned companies. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would 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 undertook 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 Government also undertake to ensure the enforcement of the domestic decisions under consideration in the cases concerned within the same three-month period, and to pay any costs of the domestic enforcement proceedings.
The payment and the enforcement of the domestic decisions in the cases concerned will constitute the final resolution of the cases.
The applicants informed the Court that they agreed to the terms of the declarations.
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 finds that, following the applicants’ express agreement to the terms of the declarations made by the Government, the cases should be treated as a friendly settlement between the parties.
It therefore 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 the 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 29 April 2021.
{signature_p_2}
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
(non-enforcement or 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 acceptance
Amount awarded for non-pecuniary damage
per applicant/household
(in euros)[1] [2]
Amount awarded for costs and expenses per application
(in euros)[3]
42495/18
31/08/2018
Novica RANĐELOVIĆ
1958
10/02/2021
24/02/2021
900
250
42508/18
31/08/2018
Momčilo NIKOLIĆ
1958
10/02/2021
24/02/2021
900
250
42511/18
31/08/2018
Snežana IVANOVIĆ
1958
10/02/2021
24/02/2021
900
250
48202/18
24/09/2018
Household
Dragana ĐORĐEVIĆ
1951
Suzana ŽIVKOVIĆ
1980
10/02/2021
24/02/2021
900
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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