THIRD SECTION
DECISION
Application no. 3930/12
Srboljub STAMENKOVIĆ against Serbia
and 4 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 21 October 2014 as a Committee composed of:
Ján Šikuta, President,
Dragoljub Popović,
Iulia Antoanella Motoc, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above applications lodged between 27 December 2011 and 15 April 2013,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
THE FACTS AND PROCEDURE
The applicants’ personal and other relevant details are set out in the appended table. The Serbian Government ("the Government") were represented by their Agent, Ms V. Rodić.
Relying on various Articles of the Convention, the applicants complained about the respondent State’s failure to enforce final court decisions rendered in their favour against socially/State-owned companies. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 16 June 2014 and 8 July 2014 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 EUR (two thousand euros) less any amounts which may have already been paid in that regard at the domestic level to cover any non-pecuniary damage as well as costs and expenses, which would be converted into local currency at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. These sums would be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay these sums within the said three-month period, the Government undertook to pay simple interest on them, 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 would pay, from their own funds, the sums awarded in the domestic decisions under consideration in the present cases (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. 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.
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.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
APPENDIX
No.
Application no.
Lodged on
Applicant name
date of birth
place of residence
Represented by
Final domestic decision details
Enforcement order details
Other decisions
3930/12
27/12/2011
Srboljub STAMENKOVIĆ
15/05/1962
Beograd
Slavoljub GAJIĆ
Belgrade
23/05/2005
08/10/2009
Decision of the Constitutional Court awarding the applicant 200 EUR of non-pecuniary damage (Už-2705/2009 of 3/10/2012)
66618/12
09/10/2012
Mikaina NEŠKOVIĆ
19/06/1949
Čačak
Snežana JOKIĆ
Čačak
28/02/2005
16/05/2006
Decision of the Constitutional Court awarding the applicant 600 EUR of non-pecuniary damage (Už-1630/2010 of 18/10/2012)
30741/13
15/04/2013
Borivoja GABOROVIĆ
18/09/1965
Čačak
Snežana JOKIĆ
Čačak
26/12/2008
29/09/2009
Decision of the Constitutional Court awarding the applicant 300 EUR of non-pecuniary damage (Už-1748/2010 of 31/10/2012)
30747/13
15/04/2013
Milka JOVANOVIĆ
05/05/1953
Čačak
Snežana JOKIĆ
Čačak
26/12/2008
29/09/2009
Decision of the Constitutional Court awarding the applicant 300 EUR of non-pecuniary damage (Už-1748/2010 of 31/10/2012)
30753/13
15/04/2013
Milica BOJOVIĆ
26/05/1949
Čačak
Snežana JOKIĆ
Čačak
07/11/2008
24/02/2009
Decision of the Constitutional Court awarding the applicant 300 EUR of non-pecuniary damage (Už-1383/2010 of 27/09/2012)
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