SECOND SECTION
DECISION
Application no. 4173/17
Srđan RAŠIĆ against Serbia
and 22 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 observations submitted by the parties,
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 delayed enforcement of domestic decisions given against socially/State-owned companies were communicated to the Serbian Government (“the Government”) on 19 March 2020.
THE LAWJoinder of the applications
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.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)
The Government submitted that the applicants had failed to inform the Court that the national authorities had acknowledged the alleged breach and that the applicants had sought compensation for non-pecuniary damage suffered. Moreover, most of the applicants had already been awarded compensation in that connection. They therefore suggested that the Court reject the applications as an abuse of the right of individual application in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
The applicants did not dispute that fact but considered it irrelevant.
The Court reiterates that an application may be rejected as an abuse of the right of individual application within the meaning of Article 35 § 3 (a) of the Convention if, among other reasons, it was knowingly based on false information or if significant information and documents were deliberately omitted, either where they were known from the outset or where new significant developments occurred during the proceedings. Incomplete and therefore misleading information may amount to an abuse of the right of application, especially if the information in question concerns the very core of the case and no sufficient explanation is given for the failure to disclose that information (see Gross v. Switzerland [GC], no. 67810/10, § 28, ECHR 2014; S.A.S. v. France [GC], no. 43835/11, § 67, ECHR 2014).
Turning to the present case, the Court notes that the competent domestic court has indeed acknowledged the alleged breach (see the appended table). Most of the applicants have been afforded redress for it and the proceedings in respect of the remaining applicants are pending. The applicants did not inform the Court about that development before notice of the applications was given to the Government and no convincing explanation for this omission was provided.
Having regard to the fact that the information withheld concerned the very core of the applications, the Court finds that such conduct was contrary to the purpose of the right of individual application. Lawyers must understand that, having due regard to the Court’s duty to examine allegations of human rights violations, they must show a high level of professional prudence and meaningful cooperation with the Court by sparing it the introduction of unmeritorious complaints and, both before proceedings have been instituted and thereafter, they must inquire diligently into all the details of the case, meticulously abide by all the relevant rules of procedure and must urge their clients to do the same. Otherwise, the wilful or negligent misuse of the Court’s resources may undermine the credibility of lawyers’ work in the eyes of the Court and even, if it occurs systematically, may result in particular individual lawyers being banned from representing applicants under Rule 36 § 4 (b) of the Rules of Court (see Stevančević v. Bosnia and Herzegovina (dec.), no. 67618/09, § 29, 10 January 2017).
In view of the above, the Court finds that these applications constitute an abuse of the right of individual application (see, for similar approach, Denić and Stamenković v. Serbia (dec.) [Committee], nos. 58944/18 and 58948/18, 5 November 2020) and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
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
Relevant domestic decision
Start date of non-enforcement period or date of entry into force of the Convention in respect of Serbia
(3 March 2004)
End date of non-enforcement period
Length of enforcement proceedings
Final domestic decision concerning the claim that the proceedings had been of excessive length
Final domestic decision concerning the claim for compensation for non-pecuniary damage
Amount awarded
4173/17
22/12/2016
Srđan RAŠIĆ
1958
Municipal Court in Leskovac 16/05/2003
20/03/2006
02/12/2016
10 year(s) and 8 month(s) and 13 day(s)
Commercial Court in Leskovac
11/05/2016
Leskovac Court of First Instance
06/04/2017
300 euros
80025/17
13/11/2017
Slavko STANOJKOVIĆ
1953
Municipal Court in Leskovac 22/01/2004
Municipal Court in Leskovac 22/01/2008
28/11/2007
15/05/2008
24/11/2017
9 year(s) and 11 month(s) and 28 day(s)
24/11/2017
9 year(s) and 6 month(s)
and 10 day(s)
Commercial Court in Leskovac
28/11/2017
pending
81965/17
27/11/2017
Mladen FILIPOVIĆ
1953
Municipal Court in Leskovac 16/05/2003
Municipal Court in Leskovac 28/03/2003
24/08/2006
30/06/2008
15/12/2017
11 year(s) and 3 month(s) and 22 day(s)
15/12/2017
9 year(s) and 5 month(s)
and 16 day(s)
Commercial Court in Leskovac
25/12/2017
Leskovac Court of First Instance
14/12/2018
400 euros
2308/18
29/12/2017
Slavoljub ĐORĐEVIĆ
1958
Municipal Court in Leskovac 31/01/2007
03/04/2009
29/01/2018
8 year(s) and 9 month(s)
and 27 day(s)
Commercial Court in Leskovac
05/07/2017
Leskovac Court of First Instance
23/05/2018
400 euros
5095/18
19/01/2018
Svetlana ĐOKIĆ
1950
Municipal Court in Leskovac 27/05/2003
Municipal Court in Leskovac 02/04/2008
26/11/2007
02/10/2009
05/02/2018
10 year(s) and 2 month(s) and 11 day(s)
05/02/2018
8 year(s) and 4 month(s)
and 4 day(s)
Commercial Court in Leskovac
19/05/2016
Leskovac Court of First Instance
03/08/2017
300 euros
14065/18
16/03/2018
Slavica ŽIVKOVIĆ
1956
Municipal Court in Leskovac 11/02/2004
Municipal Court in Leskovac
29/01/2008
10/12/2007
16/05/2008
22/03/2018
10 year(s) and 3 month(s) and 13 day(s)
22/03/2018
9 year(s) and 10 month(s) and 7 day(s)
Commercial Court in Leskovac
02/08/2018
Leskovac Court of First Instance
19/04/2019
400 euros
14266/18
16/03/2018
Suzana STAMENKOVIĆ
1970
Municipal Court in Leskovac 13/11/2003
18/12/2007
14/03/2018
10 year(s) and 2 month(s) and 25 day(s)
Commercial Court in Leskovac
28/11/2017
Leskovac Court of First Instance
22/06/2018
400 euros
14728/18
16/03/2018
Radmila SAVIĆ
1948
Municipal Court in Leskovac 17/09/2003
03/03/2004
14/03/2018
14 year(s) and 12 day(s)
Commercial Court in Leskovac
17/11/2017
Leskovac Court of First Instance
09/082018
400 euros
18616/18
11/04/2018
Zorica STOJKOVIĆ
1966
Municipal Court in Leskovac 16/04/2003
Municipal Court in Leskovac 06/03/2008
27/12/2007
27/06/2008
22/03/2018
10 year(s) and 2 month(s) and 24 day(s)
22/03/2018
9 year(s) and 8 month(s)
and 24 day(s)
Commercial Court in Leskovac
15/11/2017
Leskovac Court of First Instance
09/082018
400 euros
18618/18
11/04/2018
Gordana DIMITRIJEVIĆ
1954
Municipal Court in Leskovac 26/02/2008
Municipal Court in Leskovac 07/12/2004
11/09/2008
02/10/2009
22/03/2018
9 year(s) and 6 month(s)
and 12 day(s)
22/03/2018
8 year(s) and 5 month(s)
and 21 day(s)
Commercial Court in Leskovac
05/12/2017
Leskovac Court of First Instance
08/11/2018
400 euros
18743/18
13/04/2018
Čedomir STAMENKOVIĆ
1958
Municipal Court in Leskovac 29/03/2004
Municipal Court in Leskovac 13/02/2008
12/11/2007
22/05/2013
03/04/2018
10 year(s) and 4 month(s) and 23 day(s)
03/04/2018
4 year(s) and 10 month(s) and 13 day(s)
Commercial Court in Leskovac
14/04/2016
Leskovac Court of First Instance
28/04/2017
300 euros
20707/18
24/04/2018
Jasmina RANĐELOVIĆ
1965
Municipal Court in Leskovac 10/09/2004
Municipal Court in Leskovac 05/11/2007
07/11/2007
16/01/2008
20/04/2018
10 year(s) and 5 month(s) and 14 day(s)
20/04/2018
10 year(s) and 3 month(s) and 5 day(s)
Commercial Court in Leskovac
15/11/2017
Leskovac Court of First Instance
24/09/2018
400 euros
21825/18
27/04/2018
Jovica JOVANOVIĆ
1967
Municipal Court in Leskovac 20/05/2008
12/02/2009
27/04/2018
9 year(s) and 2 month(s)
and 16 day(s
)
Commercial Court in Leskovac
14/12/2017
Leskovac Court of First Instance
12/10/2018
400 euros
29521/18
15/06/2018
Jovica CVETKOVIĆ
1957
Municipal Court in Leskovac 12/08/2003
Municipal Court in Leskovac 18/06/2008
03/10/2005
02/09/2009
06/02/2019
13 year(s) and 4 month(s) and 4 day(s)
06/02/2019
9 year(s) and 5 month(s)
and 5 day(s)
Commercial Court in Leskovac
28/11/2017
Leskovac Court of First Instance
06/07/2018
400 euros
29532/18
15/06/2018
Ljiljana KOSTIĆ
1957
Commercial Court in Leskovac 27/11/2003
Municipal Court in Leskovac 02/04/2007
14/03/2007
20/07/2009
21/06/2018
11 year(s) and 3 month(s) and 8 day(s)
21/06/2018
8 year(s) and 11 month(s) and 2 day(s)
Commercial Court in Leskovac
20/12/2018
Leskovac Court of First Instance
22/10/2019
400 euros
31260/19
03/06/2019
Nadica ZDRAVKOVIĆ
1960
Commercial Court in Leskovac 01/06/2004
11/05/2007
02/08/2019
12 year(s) and 2 month(s) and 23 day(s)
Commercial Court in Leskovac
20/06/2019
pending
46561/19
15/08/2019
Milena ILIĆ
1967
Commercial Court in Leskovac 26/11/2003
03/03/2004
17/07/2019
15 year(s) and 4 month(s) and 15 day(s)
Commercial Court in Leskovac
20/06/2019
pending
46622/19
19/08/2019
Aleksandar JOVANOVIĆ
1955
Commercial Court in Leskovac 11/12/2003
Municipal Court in Leskovac 16/12/2006
03/03/2004
28/05/2010
17/07/2019
15 year(s) and 4 month(s) and 15 day(s)
17/07/2019
9 year(s) and 1 month(s)
and 20 day(s)
Commercial Court in Leskovac
20/12/2016
Leskovac Court of First Instance
15/05/2018
400 euros
46631/19
19/08/2019
Radmila DUGALIĆ
1954
Commercial Court in Leskovac 01/12/2003
03/03/2004
17/07/2019
15 year(s) and 4 month(s) and 15 day(s)
Commercial Court in Leskovac
30/09/2019
pending
46633/19
19/08/2019
Svetlana MILIČEVIĆ
1963
Municipal Court in Leskovac 25/12/2006
05/03/2007
17/07/2019
12 year(s) and 4 month(s) and 13 day(s)
Commercial Court in Leskovac
07/09/2016
Leskovac Court of First Instance
11/08/2017
350 euros
51188/19
16/08/2019
Snežana SINADINOVIĆ
1952
Municipal Court in Leskovac 21/03/2007
Commercial Court in Leskovac
28/11/2003
21/05/2007
28/05/2010
25/04/2019
11 year(s) and 11 month(s) and 5 day(s)
25/04/2019
8 year(s) and 10 month(s) and 29 day(s)
Commercial Court in Leskovac
29/05/2019
pending
51197/19
16/08/2019
Gorica PEJIĆ
1967
Municipal Court in Leskovac 04/01/2007
07/02/2007
25/04/2019
12 year(s) and 2 month(s) and 19 day(s)
Commercial Court in Leskovac
27/06/2019
Leskovac Court of First Instance
05/02/2020
400 euros
51557/19
16/08/2019
Perica NEDELJKOVIĆ
1947
Commercial Court in Leskovac 26/11/2003
Municipal Court in Leskovac 02/04/2007
14/03/2007
19/04/2010
25/04/2019
12 year(s) and 1 month(s) and 12 day(s)
25/04/2019
9 year(s) and 7 day(s)
Commercial Court in Leskovac
02/08/2019
Leskovac Court of First Instance
28/02/2020
500 euros
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