THIRD SECTION
DECISION
Application no. 11602/23
TRANSERVIS against Serbia
and 14 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 21 November 2024 as a Committee composed of:
Oddný Mjöll Arnardóttir, President,
Úna Ní Raifeartaigh,
Mateja Đurović, 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’ 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”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.
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 12 December 2024.
Viktoriya Maradudina Oddný Mjöll Arnardóttir
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/
registration
Representative’s name and location
Other complaints under well-established case-law
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]
11602/23
03/03/2023
TRANSERVIS
2002
Zečević Marko
Belgrade
10/09/2024
11/09/2024
1,000
30
16504/23
08/04/2023
Anđelija PROTIĆ
1954
Vojvodić Maja
Čačak
10/09/2024
24/06/2024
1,000
30
16507/23
08/04/2023
Ljubiša PETROVIĆ
1952
Jovanović Dalibor
Niš
10/09/2024
30/09/2024
1,000
250
16521/23
28/03/2023
ETERNITA DOO
2009
Vuletić Nenad
Subotica
10/09/2024
26/06/2024
1,000
30
18900/23
28/04/2023
Dragan MILOŠEVIĆ
1951
Jovanović Dalibor
Niš
10/09/2024
30/09/2024
1,000
250
23442/23
02/06/2023
Vera KUZELJEVIĆ
1953
Art. 13 - lack of any effective remedy in domestic law - in respect of non-enforcement or delayed enforcement of domestic decisions: effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
10/09/2024
22/07/2024
1,000
25035/23
07/06/2023
Borisav DELIĆ
1953
Vojvodić Maja
Čačak
10/09/2024
24/06/2024
1,000
30
25036/23
07/06/2023
Drenka POLIĆ
1961
Vojvodić Maja
Čačak
10/09/2024
24/06/2024
1,000
30
25037/23
07/06/2023
Nada PETROVIĆ
1947
Vojvodić Maja
Čačak
10/09/2024
24/06/2024
1,000
30
25050/23
12/06/2023
Dragiša VIDENOVIĆ
1949
Jovanović Dalibor
Niš
10/09/2024
30/09/2024
1,000
250
26708/23
26/06/2023
Zoran MILOSAVLJEVIĆ
1953
Bogdanović Miloš
Kruševac
10/09/2024
24/07/2024
1,000
250
26712/23
26/06/2023
Saveta LJUBISAVLJEVIĆ
1962
Bogdanović Miloš
Kruševac
10/09/2024
24/07/2024
1,000
250
26715/23
26/06/2023
Ilija MILETIĆ
1950
Bogdanović Miloš
Kruševac
10/09/2024
24/07/2024
1,000
250
37632/23
05/10/2023
Vukosava GAČEVIĆ
1955
Vojvodić Maja
Čačak
10/09/2024
24/06/2024
1,000
30
39662/23
25/10/2023
NIKOLIĆ-DS DOO
2004
Zečević Marko
Belgrade
10/09/2024
11/09/2024
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.