SECOND SECTION
DECISION
Applications nos. 39257/19 and 63511/19
Miroslav ŠAINOVIĆ and others against Serbia
and Siniša BOGIĆEVIĆ and others against Serbia
(see appended table)
The European Court of Human Rights (Second Section), sitting on 9 December 2021 as a Committee composed of:
Pauliine Koskelo, President,
Branko Lubarda,
Marko Bošnjak, judges,
and Viktoriya Maradudina, Actng Deputy Section Registrar,
Having regard to the above applications lodged on the dates indicated in the appended table,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Mr R. Glavonjić, a lawyer practising in Čačak.
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 a socially/State-owned company were communicated to the Serbian Government (“the Government”) on 25 March 2021.
THE LAWJoinder of the applicationsHaving 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 as a consequence of it (see the appended table). 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; and Denić and Stamenković v. Serbia (dec.) [Committee], nos. 58944/18 and 58948/18, 5 November 2020).
Turning to the present case, the Court notes that the competent domestic court has acknowledged the alleged breach. Most of the applicants have already been afforded redress for it and the proceedings in respect of three 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 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 13 January 2022.
Viktoriya Maradudina Pauliine Koskelo
Acting Deputy Registrar President
APPENDIX
List of applications raising 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)
No.
Application no.
Date of introduction
Applicant
Year of birth
Relevant domestic decision
Enforcement order
Final domestic decision concerning the claim that the proceedings had been of excessive length
39257/19
05/07/2019
(4 applicants)
Miroslav ŠAINOVIĆ
1963
Radovan MILOVANOVIĆ
1961
Radomir AVIĆ
1959
Snežana GLAVONJIĆ
1957
Municipal Court in Čačak, 05/04/2007
24/03/2009
Commercial Court in Čačak
05/09/2019
Commercial Court in Čačak
05/09/2019
Commercial Court in Čačak
05/09/2019
Commercial Court in Čačak
05/09/2019
63511/19
28/11/2019
(3 applicants)
Siniša BOGIĆEVIĆ
1954
Srđan MARKOVIĆ
1977
Mladen VULIŠIĆ
1954
Municipal Court in Čačak, 05/04/2007
08/09/2007
Commercial Court in Čačak
15/06/2018
Commercial Court in Čačak
13/06/2018
Commercial Court in Čačak
15/06/2018