THIRD SECTION
DECISION
Application no. 80131/12
Milanka STANKOVIĆ against Serbia
and 18 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 3 February 2015 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 10 December 2012 and 12 April 2013,
Having regard to the observations submitted by the parties,
Having deliberated, decides as follows:
THE FACTS
A list of the applicants with their personal details is set out in the appendix. They were all represented by Mr. N. Antić, a lawyer practising in Vladičin Han.
The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.
A. The facts as submitted by the applicants
The applicants are former employees of DP PK Delišes (the debtor), a socially-owned company. They all obtained final court judgments ordering the debtor to pay them certain sums. At their request to that effect, they were issued enforcement orders in respect of these judgments. The details of the judgments and enforcements orders are in the appended table.
The enforcement has never been carried out.
B. The facts submitted by the Government
The Government informed the Court that all the applicants withdrew their claims for the enforcement of the judgments on various dates between 5 April 2005 and 9 July 2013, which had as a result the termination of the respective enforcement proceedings. The applicants did not lodge appeals against these decisions. The dates of the withdrawals of the requests for enforcement and the dates of the termination of the enforcement proceedings are in the appended table.
COMPLAINT
The applicants essentially complained about the non-enforcement of the judgments rendered in their favour. These complaints fall to be examined under Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1.
THE LAW
The Government asked the Court to declare the applications inadmissible as an abuse of the right of petition. They pointed out that the applicants omitted to inform the Court that the enforcement proceedings had been terminated at their request.
The applicants did not dispute having withdrawn their requests for enforcement and having failed to appeal the decisions on termination of the enforcement proceedings, but argued that it was irrelevant.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 (see Kerechashvili v. Georgia (dec.), no. 5667/02, 2 May 2006; Bagheri and Maliki v. the Netherlands (dec.), no. 30164/06, 15 May 2007; Poznanski and Others v. Germany (dec.), no 25101/05, 3 July 2007; and Simitzi-Papachristou and Others v. Greece (dec.), no. 50634/11, § 36, 5 November 2013) or if significant information and documents were deliberately omitted, either where they were known from the outset (see Kerechashvili, cited above) or where new significant developments occurred during the procedure (see Predescu v. Romania, no. 21447/03, §§ 25-27, 2 December 2008; and Tatalović and Dekić v. Serbia (dec.), no. 15433/07, 29 May 2012). 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 Hüttner v. Germany (dec.), no. 23130/04, 9 June 2006; Poznanski and Others, cited above; Predescu, cited above, §§ 25-26; and Komatinović v. Serbia (dec.), no. 75381/10, 29 January 2013).
The Court notes that the present applicants complained that final court judgments rendered in their favour against a socially-owned company had not been enforced. However, they withdrew their requests for enforcement of these judgments between 5 April 2005 and 9 July 2013, which led to the final termination of the enforcement proceedings.
The applicants’ complete silence on the termination of the enforcement proceedings while upholding their allegations that the judgments had not been enforced due to the debtor’s restructuring cannot be interpreted, in the Court’s view, as anything else but a failure to disclose information concerning the very core of the applications.
Having regard to the importance of the applicants’ failure to disclose this information for the proper determination of the present cases, the Court finds that such conduct was contrary to the purpose of the right of individual petition, as provided for in Article 34 of the Convention (see Gross v. Switzerland [GC], no. 67810/10, § 28, ECHR 2014).
In view of the above, it is appropriate to reject the applications as an abuse of the right of petition, pursuant to Article 35 §§ 3 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 26 February 2015.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
Appendix
No.
App No.
Lodged on
Applicant
Date of birth
Place of residence
Final domestic decision details
Enforcement order details
Date of withdrawal of the request for enforcement
Date of termination of enforcement proceedings
80131/12
10/12/2012
Milanka STANKOVIĆ
19/08/1954
Vladičin Han
Municipal Court in Vladičin Han
7 October 2003
8 April 2004
Municipal Court in Vladičin Han
10 December 2003
26 January 2005
10 May 2005
31 May 2005
7 June 2005
80160/12
10/12/2012
Borivoje STEVANOVIĆ
15/10/1956
Vladičin Han
Municipal Court in Vladičin Han
21 October 2003
4 March 2003
Municipal Court in Vladičin Han
16 January 2004
3 September 2004
21 April 2008
10 June 2008
7630/13
15/01/2013
Ljubinka TASIĆ
25/09/1950
Vladičini Han
Municipal Court in Vladičin Han
13 August 2003
22 January 2004
Municipal Court in Vladičin Han
26 December 2003
2 March 2004
18 May 2005
31 May 2005
23 June 2005
7749/13
14/12/2012
Branka MITROVIĆ
17/06/1967
Vladičin Han
Municipal Court in Vladičin Han
1 October 2003
Municipal Court in Vladičin Han
13 May 2004
14 April 2005
10 June 2005
7756/13
13/12/2012
Boža MOMČILOVIĆ
07/11/1970
Vladičin Han
Municipal Court in Vladičin Han
27 January 2004
19 March 2004
Municipal Court in Vladičin Han
19 March 2004
28 April 2004
9 July 2013
11 July 2013
15 March 2006
7773/13
18/12/2012
Mladenka VOJINOVIĆ
15/10/1952
Vladičin Han
Municipal Court in Vladičin Han
29 August 2003
29 January 2004
Municipal Court in Vladičin Han
29 October 2003
31 March 2004
5 April 2005
21 April 2005
19 April 2005
8177/13
16/01/2013
Slavica DIMITRIJEVIĆ
08/10/1970
Vladičin Han
Municipal Court in Vladičin Han
26 August 2003
Municipal Court in Vladičin Han
3 September 2004
6 April 2005
21 April 2005
8424/13
25/01/2013
Dejan STANKOVIĆ
01/06/1972
Vladičin Han
Municipal Court in Vladičin Han
2 June 2003
10 February 2004
2 June 2003
Municipal Court in Vladičin Han
13 October 2003
3 September 2004
23 October 2003
20 May 2005
10 June 2005
22 June 2005
16 March 2006
8778/13
23/01/2013
Miodrag MILJKOVIĆ
15/06/1968
Vladičin Han
Municipal Court in Vladičin Han
3 October 2003
2 February 2004
Municipal Court in Vladičin Han
17 December 2003
21 April 2004
13 April 2005
20 March 2006
20 April 2005
8785/13
23/01/2013
Miroslava VELJKOVIĆ
29/12/1966
Vladičin Han
Municipal Court in Vladičin Han
1 July 2003
4 June 2004
Municipal Court in Vladičin Han
17 December 2003
30 August 2004
5 April 2005
21 April 2005
No.
App No.
Lodged on
Applicant
Date of birth
Place of residence
Final domestic decision details
Enforcement order details
Date of withdrawal of the request for enforcement
Date of termination of enforcement proceedings
14998/13
21/02/2013
Jasmina TAŠIĆ
01/05/1962
Zitorađe, Vladičin Han
Municipal Court in Vladičin Han
23 June 2003
21 June 2004
Municipal Court in Vladičin Han
10 March 2004
3 September 2004
13 April 2005
13 May 2005
30 May 2005
22 June 2005
15167/13
28/01/2013
Predrag STOŠIĆ
24/10/1968
Repince, Vladičin Han
Municipal Court in Vladičin Han
23 October 2003
19 February 2004
Municipal Court in Vladičin Han
31 December 2009
19 March 2004
6 May 2005
31 May 2005
22 June 2005
15169/13
28/01/2013
Milevka STOŠIĆ
17/10/1972
Repince, Vladičin Han
Municipal Court in Vladičin Han
23 October 2003
29 January 2004
Municipal Court in Vladičin Han
31 December 2003
19 March 2004
6 May 2005
18 May 2005
24 October 2005
30 May 2005
16915/13
01/03/2013
Slavko MILJKOVIĆ
24/05/1955
Vladičin Han
Municipal Court in Vladičin Han
9 June 2003
19 May 2004
Municipal Court in Vladičin Han
12 September 2003
10 March 2005
13 April 2005
21 April 2005
20 April 2005
16932/13
01/03/2013
Terezija MILJKOVIĆ
06/03/1958
Vladičin Han
Municipal Court in Vladičin Han
1 July 2004
9 June 2003
Municipal Court in Vladičin Han
10 March 2005
12 September 2003
10 April 2005
14 April 2005
21 April 2005
27 May 2005
28852/13
12/04/2013
Jelka STOJANOVIĆ
10/09/1950
Vladičin Han
Municipal Court in Vladičin Han
31 March 2004
Municipal Court in Vladičin Han
30 April 2004
20 April 2005
15 June 2005
30027/13
12/04/2013
Zorica STANKOVIĆ
15/10/1967
Vladičin Han
Municipal Court in Vladičin Han
3 March 2004
1 March 2005
9 June 2003
Municipal Court in Vladičin Han
4 June 2004
16 January 2005
18 November 2003
10 August 2009
29 September 2009
5 October 2009
16 March 2006
30032/13
12/04/2013
Ljubomir STOJKOVIĆ
10/07/1961
Vladičin Han
Municipal Court in Vladičin Han
1 January 2010
3 February 2004
Municipal Court in Vladičin Han
30 December 2009
19 March 2004
23 April 2008
24 July 2008
6 March 2006
30033/13
12/04/2013
Sava HRISTOV
04/04/1950
Vladičin Han
Municipal Court in Vladičin Han
5 November 2003
29 March 2004
11 February 2005
Municipal Court in Vladičin Han
2 March 2004
28 December 2004
31 March 2005
18 May 2005
23 June 2005
30 May 2005
7 June 2005
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