THIRD SECTION
DECISION
Application no. 36403/11
Marina STANOJEVIĆ against Serbia
and 2 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 10 June 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 on 14 April 2011,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
THE FACTS
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 Article 6 of the Convention, the applicants complained about the respondent State’s failure to enforce a final court decision rendered in their favour against a socially/State-owned company. The domestic decision at issue was adopted by the Majdanpek Municipal Court on 23 March 2005 (domestic case no. P. 1055/04) and amended by the Negotin District Court on 1 June 2005 (domestic case no. Gž. 514/05).
Between 7 and 26 November 2013 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 decision under consideration in the present cases, less any amounts which may have already been paid on the basis of the said decision, 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
Date of birth
Place of residence
Nationality
Represented by
36403/11
14/04/2011
Marina STANOJEVIĆ
12/10/1973
Majdanpek
Serbian
14852/12
14/04/2011
Goran STANOJEVIĆ
18/08/1968
Majdanpek
Serbian
14853/12
14/04/2011
Aida STANOJEVIĆ
04/08/1995
Majdanpek
Serbian
Goran STANOJEVIĆ
Full & Egal Universal Law Academy