THIRD SECTION
DECISION
Application no. 1699/13
Vasil STOJIČKOV against Serbia
and 4 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 29 September 2015 as a Committee composed of:
Valeriu Griţco, President,
Branko Lubarda,
Mārtiņš Mits, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above applications lodged between 31 December 2012 and 2 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 different socially/State-owned companies. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 28 October 2014 and 3 March 2015 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.
Done in English and notified in writing on 22 October 2015.
Marialena TsirliValeriu Griţco
Deputy RegistrarPresident
APPENDIX
No.
Application no. and
date of introduction
Applicant name
date of birth
nationality
Represented by
Final domestic decision details
Enforcement order details
1699/13
31/12/2012
Vasil STOJIČKOV
09/12/1955
Serbian
Municipal Court in Bosilegrad
10 March 2008
Court of First Instance in Vranje
11 October 2012
1707/13
31/12/2012
Bojan ANGELOV
03/01/1964
Serbian
Municipal Court in Bosilegrad
22 December 2004
Municipal Court in Vranje
22 Ferbruary 2005
5873/13
25/12/2012
Fehim HASANOVIĆ
29/12/1957
Serbian
Boško ROGLIĆ
Municipal Court in Novi Pazar
31 May 2004
7 October 2005
Municipal Court in Novi Pazar
10 September 2012
11 September 2012
9892/13
17/01/2013
Biljana SIMIĆ
07/01/1953
Serbian
Municipal Court in Knjaževac
15 January 2004
16 August 2007
21 March 2008
Municipal Court in Vranje
11 March 2009
28912/13
02/04/2013
Safet KRKMIŠEVIĆ
27/04/1958
Serbian
Naser EJUPOVIĆ
Municipal Court in Novi Pazar
30 March 2006
Municipal court in Novi Pazar
7 September 2006
Full & Egal Universal Law Academy