9
THIRD SECTION
DECISION
Application no. 55170/16
Milun SRETENOVIĆ against Serbia
and 9 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 7 March 2019 as a Committee composed of:
Dmitry Dedov, President,
Alena Poláčková,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
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 I. Krunić, a lawyer practising in Čačak.
The applicants’ complaints under Articles 6 § 1 and 13 of the Convention, concerning the non-enforcement or delayed enforcement of domestic decisions given against socially/State-owned companies and the lack of an effective remedy in this regard, were communicated to the Serbian Government (“the Government”).
The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Serbia in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table, less any amounts which may have already been paid in that regard at the domestic level. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will 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 undertake 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 payment will constitute the final resolution of the cases.
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 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 a 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 28 March 2019.
Liv TigerstedtDmitry Dedov
Acting Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant’s name
Date of birth
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
55170/16
10/09/2016
Milun Sretenović
03/12/1950
19/12/2018
14/01/2019
2,000
55184/16
10/09/2016
Mladen Vuković
27/03/1957
18/12/2018
18/05/2018
2,000
55187/16
10/09/2016
Milanko Šušić
06/11/1959
18/12/2018
18/05/2018
2,000
58746/16
23/09/2016
Drinka Stojić
15/03/1953
18/12/2018
18/05/2018
2,000
58753/16
23/09/2016
Ljubo Spasović
01/11/1949
18/12/2018
18/05/2018
2,000
61637/16
07/10/2016
Savka Dakić
20/10/1952
18/12/2018
18/05/2018
2,000
64655/16
28/10/2016
Dragoljub Dobričić
14/04/1950
18/12/2018
18/05/2018
2,000
66021/16
28/10/2016
Radiša Vujičić
03/04/1953
18/12/2018
18/05/2018
2,000
22574/17
15/03/2017
Borko Prtenjak
21/09/1949
18/12/2018
18/05/2018
2,000
23845/17
21/03/2017
Milutin Racković
29/12/1966
18/12/2018
18/05/2018
2,000
[1]. Plus any tax that may be chargeable to the applicants.
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