FOURTH SECTION
DECISION
Application no. 39388/22
Radovan TRAJKOVIĆ against Serbia
and 10 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 4 May 2023 as a Committee composed of:
Tim Eicke, President,
Branko Lubarda,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Mr S. Aleksić, a lawyer practising in Niš.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement or delayed enforcement of domestic decisions given against socially/State-owned companies were communicated to the Serbian Government (“the Government”).
The Court received the 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, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above‑mentioned three-month period, the Government undertake to pay simple interest on them, from the 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 Government also undertake to ensure the enforcement of the domestic decisions under consideration in the cases concerned within the same three-month period, and to pay any costs of the domestic enforcement proceedings.
The payment and the enforcement of the domestic decisions in the cases concerned will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 the Protocols thereto 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 25 May 2023.
Viktoriya Maradudina Tim Eicke
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1
(non-enforcement or delayed enforcement of domestic decisions given against socially/State-owned companies)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
per applicant
(in euros)[1] [2]
Amount awarded for costs and expenses per application
(in euros)[3]
39388/22
21/07/2022
Radovan TRAJKOVIĆ
1958
22/03/2023
31/03/2023
1,000
30
39389/22
21/07/2022
Vlasta ARSIĆ
1954
22/03/2023
31/03/2023
1,000
30
39393/22
21/07/2022
Jelena MILOVANOVIĆ
1974
22/03/2023
31/03/2023
1,000
30
39395/22
21/07/2022
Ivan NOVOSEL
1973
22/03/2023
31/03/2023
1,000
30
39424/22
21/07/2022
Bojan MIKIĆ
1982
22/03/2023
31/03/2023
1,000
30
39432/22
21/07/2022
Nadica TODOROVIĆ
1968
22/03/2023
31/03/2023
1,000
30
39586/22
01/08/2022
Blagoje MIHAJLOVIĆ
1983
22/03/2023
31/03/2023
1,000
30
39587/22
21/07/2022
Dobrica RADOJEVIĆ
1956
22/03/2023
31/03/2023
1,000
30
39593/22
21/07/2022
Ljiljana POPADIĆ
1964
22/03/2023
31/03/2023
1,000
30
39594/22
21/07/2022
Dejan MARKOVIĆ
1970
22/03/2023
31/03/2023
1,000
30
39596/22
21/07/2022
Stojna NIKOLIĆ
1955
22/03/2023
31/03/2023
1,000
30
[1] Plus any tax that may be chargeable to the applicants.
[2] Less any amounts which may have already been paid in that regard at the domestic level.
[3] Plus any tax that may be chargeable to the applicants.