THIRD SECTION
DECISION
Application no. 47512/12
Momirka STJEPANOVIĆ
against Serbia
and 8 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 7 March 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 26 June 2012 and 19 November 2012,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants’ personal and other relevant details are set out in the appended table. They were all represented by Ms. R. Garibović, a lawyer practising in Novi Pazar.The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.
Relying on Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 to the Convention, the applicants complained about the respondent State’s failure to enforce final court decisions rendered in their favour against the same socially/State-owned company. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 16 October 2013 and 4 December 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 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 settlements reached between the parties. It is satisfied that the settlements are 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. and date of introduction
Applicant name
date of birth
place of residence
nationality
Final domestic decision details
Enforcement order details
47512/12
27/06/2012
Momirka STJEPANOVIĆ
29/04/1956
of BaH, Serbian
Municipal Court in Novi Pazar
P1. 260/07 of 23 October 2007
Municipal Court in Novi Pazar
I. 1952/07 of 10/12/2007
48554/12
25/07/2012
Ljubinka KOSTIĆ
04/07/1955
Serbian
Municipal Court in Novi Pazar
P1. 483/05 of 26 October 2005
Municipal Court in Novi Pazar
I. 1492/05 of 21/10/2007
54672/12
13/08/2012
Ljiljana MAKSIMOVIĆ
10/07/1958
Serbian
Municipal Court in Novi Pazar
P1.1054/04 of 8 November 2004
Municipal Court in Novi Pazar
I. 1117/04 of 24/01/2005
61450/12
19/09/2012
Nermina AGIĆ
28/05/1963
Serbian
Municipal Court in Novi Pazar
1. P1. 160/03 of 8 December 2003
2. P1. 104/04 of 2 April 2004
3. P1. 913/04 of 5 January 2005
4. P1. 143/05 of 4 May 2005
5. P1 492/05 of 24 February 2006
6. P1. 132/07 of 6 March 2007
Municipal Court in Novi Pazar
1. I. 86/04 of 25/02/2004
2. I. 358/04 of 19/05/2004
3. I. 139/05 of 11/04/2005
I. 37/05 of 28/06/2005
4. I. 1135/05 of 26/09/2005
5. I. 417/06 of 17/05/2006
6. I. 1196/07 of 1/06/2007
63115/12
27/09/2012
Besim UGLJANIN
22/11/1950
Serbian
Municipal Cort in Novi Pazar
1. P1. 210/04 of 22 March 2005
2. P1. 488/05 of 28 September 2005
Municipal Court in Novi Pazar
1. I.1022/05 of 26/09/2005
I.141/06 of 14/02/2006
2.1934/05 of 27/12/2005
71981/12
07/11/2012
Adem NOKIĆ
01/06/1944
Serbian
Municipal Court in Novi Pazar
P1. 944/07 of 5 May 2008
Court of First Instance in Novi Pazar
19 I. 1409/2011 of 15/07/2011
72413/12
29/10/2012
Bisera AGUŠEVIĆ
16/11/1960
Serbian
Municipal Court in Novi Pazar
1. P1 161/03 of 24 September 2003
2. P1. 106/04 of 10 March 2004
3. P1. 928/04 of 1 March 2005
4. P1. 501/05 of 30 September 2005
5. P1. 219/06 of 13 April 2006
Municipal Court in Novi Pazar
1. I. 904/03 of 27/01/2004
2. I. 281/04 of 10/05/2004
3. I. 665/05 of 23/06/2005
4. I. 1216/05 of 28/12/2005
I. 1041/05 of 26/09/2005
5. I. 1099/06 of 15/08/2006
76646/12
19/11/2012
Indira DUPLJAK
01/05/1967
Serbian
Municipal Court in Novi Pazar
1. P1. 35/05 of 20 March 2005
2. P1. 423/05 of 4 October 2005
3. P1. 318/06 of 25 May 2006
4. P1. 373/07 of 21 May 2007
Municipal Court in Novi Pazar
1. I. 612/05 of 21/06/2005
I. 990/05 of 26/09/2005
2. I. 175/06 of 20/02/2006
3. I. 1104/06 of 21/08/2006
4. I. 1348/07 of 25/06/2007
49043/13
26/06/2012
Mevljuda NIŠIĆ
26/07/1964
of BaH,Serbian
Municipal Court in Novi Pazar
P1. 1136/06 of 16 March 2007
(as amended on 26/03/2007)
Municipal Court in Novi Pazar
I.792/07 of 3/05/2007
Full & Egal Universal Law Academy