THIRD SECTION
DECISION
Application no. 52346/12
Danica STANIMIROVIĆ against Serbia
and 19 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 27 May 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 31 July 2012 and 13 March 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 details are set out in the appendix. They are all represented by Mr T. Radišić, a lawyer practising in Loznica.
The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.
The applicants complain under Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 about the respondent State’s failure to enforce final court decisions in their favour, according to which the same company – AD “Moda” Loznica (hereinafter “the debtor”) was ordered to pay them certain sums. These court decisions remain unenforced to the present day. The debtor was at the relevant time a socially-owned company. On 28 February 2011 the debtor was privatised.
The essential information as to the domestic proceedings in respect of each application is indicated in the appendix.
Between 10 December 2013 and 4 March 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) 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 applications 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. and date of introduction
Applicant name
date of birth
place of residence
nationality
Final domestic decision details (the seat of the relevant court, date of the decision and the date when decision became final)
Enforcement order details (the seat of the court and the date of the enforcement order)
52346/12
31/07/2012
Danica STANIMIROVIĆ
13/04/1957
Serbian
1. Loznica
05/06/2006; 28/06/2006
1. Loznica
19/02/2008
52381/12
31/07/2012
Ljiljana MAKSIMOVIĆ
19/04/1976
Serbian
1. Loznica
24/12/2003; 29/01/2004
1. Loznica
Request from 29/04/2004
52384/12
31/07/2012
Marija ĐOKIĆ
19/04/1976
Serbian
1. Loznica
24/06/2001; 24/06/2003
1. Loznica
25/12/2003
52399/12
31/07/2012
Milanka STEFANOVIĆ
28/01/1960
Serbian
1. Loznica
06/02/2003; 06/03/2003
1. Loznica
11/02/2003
15832/13
11/02/2013
Zorka RISTIĆ
07/09/1953
Serbian
1. Loznica
24/06/2003; 22/07/ 2003
2. Loznica
19/10/2004; 31/03/2005
1. Loznica
08/01/2008
16054/13
11/02/2013
Vera LUKIĆ
23/08/1962
Serbian
1. Loznica
21/12/2004; 24/01/2005
2. Loznica
15/11/2006 ; 28/12/2006
1. Loznica
11/07/2007
2. Loznica
11/07/2007
17608/13
19/02/2013
Ljubinka KRSMANOVIĆ
20/03/1949
Serbian
1. Loznica
21/12/2004; 24/01/2005
2. Loznica
15/11/2006; 28/12/2006
3. Loznica
25/07/2007; 13/08/ 2007
1. Loznica
11/07/2007
2. Loznica
11/07/2007
3. Loznica
31/10/2007
17620/13
19/02/2013
Sonja ĆIRKOVIĆ KRASAVČIĆ
18/12/1958
Serbian
1. Loznica
06/02/2003; 27/02/2002
1. Loznica
20/04/2007
17628/13
19/02/2013
Milovan ARSENOVIĆ
14/11/1951
Serbian
1. Loznica
11/06/2003; 23/07/2003
2. Loznica
01/11/2004; 19/11/2004
3. Loznica
18/12/2006; 18/01/2007
1. Loznica
08/09/2003
2. Loznica
20/04/2007
3. Loznica
11/07/2007
17683/13
19/02/2013
Milena VASIĆ
01/05/1960
Serbian
1. Loznica
21/12/2004; 24/01/2005
1. Loznica
11/07/2007
17684/13
19/02/2013
Milena BOŠKOVIĆ
15/03/1954
Serbian
1. Loznica
23/06/2005; 23/06/2005
1. Loznica
19/02/2008
17685/13
19/02/2013
Milojka DOBROSAVLJEVIĆ
22/05/1950
Serbian
1. Loznica
21/12/2004; 24/01/2005
2. Loznica
15/11/2006 ; 28/12/2006
1. Loznica
11/07/2007
2. Loznica
11/07/2007
20726/13
13/03/2013
Stana MIĆIĆ
03/08/1959
Serbian
1. Loznica
21/12/2004; 24/01/2005
2. Loznica
15/11/2006 ; 28/12/2006
1. Loznica
11/07/2007
2. Loznica
11/07/2007
20731/13
13/03/2013
Mira UMIĆEVIĆ
27/02/1953
Serbian
1. Loznica
21/12/2004; 24/01/20052.
2. Loznica
15/11/2006 ; 28/12/2006
1. Loznica
11/07/2007
2. Loznica
11/07/2007
20742/13
13/03/2013
Nerandza VUJIĆ
25/08/1960
Serbian
1. Loznica
21/12/2004; 20/01/2005
2. Loznica
15/11/2006 ; 07/12/2006
1. Loznica
11/07/2007
2. Loznica
11/07/2007
22190/13
04/03/2013
Radmila RADIČEVIĆ
15/01/1958
Serbian
1. Loznica
21/12/2004; 24/01/2005
2. Loznica
15/11/2006 ; 28/12/2006
1. Loznica
11/07/2007
2. Loznica
11/07/2007
22295/13
04/03/2013
Kaja MORAVČEVIĆ
29/10/1948
Serbian
1. Loznica
17/07/2003; 17/07/2003
1. Loznica
13/11/2008
22301/13
04/03/2013
Milorad OBRADOVIĆ
14/10/1942
Serbian
1. Loznica
17/07/2003; 17/07/2003
1. Loznica
13/11/2008
22302/13
04/03/2013
Rosa NIKOLIĆ
16/04/1958
Serbian
1. Loznica
21/12/2004; 24/01/2005
2. Loznica
15/11/ 2006; 28/12/2006
1. Loznica
11/07/2007
2. Loznica
11/07/2007
22303/13
04/03/2013
Milenija LAZIĆ
11/05/1950
Serbian
1. Loznica
03/07/2003; 04/08/2003
2. Loznica
28/11/2005; 14/02/ 2005
1. Loznica
21/09/ 2005
2. Loznica
30/03/2006
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