THIRD SECTION
DECISION
Application no. 20073/17
Nikola TRIFUNOVIĆ against Serbia
and 4 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 4 April 2019 as a Committee composed of:
Dmitry Dedov, President,
Alena Poláčková,
Jolien Schukking, judges,
and Liv Tigerstedt, 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 Ms I. Krunić, a lawyer practising in Čačak.
The applicants’ complaints under Article 6 § 1 of the Convention 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 friendly-settlement declarations 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, less any amounts which may have already been paid in that regard at the domestic level. 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 payment 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 9 May 2019.
Liv TigerstedtDmitry Dedov
Acting Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant’s name
Date of birth
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 and costs and expenses
per applicant (in euros)[1]
20073/17
06/03/2017
Nikola Trifunović
10/09/1954
Art. 6 (1) - excessive length of civil proceedings – the length of the civil proceedings preceding the enforcement proceedings lasted for 5 years and 1 month within the Court’s competence ratione temporis at two levels of jurisdiction.
21/02/2019
12/02/2019
2,000
20908/17
06/03/2017
Duško Radulović
07/06/1960
Art. 6 (1) - excessive length of civil proceedings – the length of the civil proceedings preceding the enforcement proceedings lasted for 5 years and 1 month within the Court’s competence ratione temporis at two levels of jurisdiction.
21/02/2019
12/02/2019
2,000
62276/17
18/08/2017
Boban Tanasković
17/08/1956
Art. 6 (1) - excessive length of civil proceedings - the length of the civil proceedings preceding the enforcement proceedings lasted for 5 years and 1 month within the Court’s competence ratione temporis at one level of jurisdiction
21/02/2019
12/02/2019
2,000
62659/17
18/08/2017
Radomir Radović
23/11/1957
Art. 6 (1) - excessive length of civil proceedings - the length of the civil proceedings preceding the enforcement proceedings lasted for 4 years and 1 month within the Court’s competence ratione temporis at one level of jurisdiction
21/02/2019
12/02/2019
2,000
9483/18
12/02/2018
Milan Milinković
29/03/1952
Art. 6 (1) - excessive length of civil proceedings - the length of the civil proceedings preceding the enforcement proceedings lasted for 4 years and 3 months within the Court’s competence ratione temporis at one level of jurisdiction.
21/02/2019
12/02/2019
2,000
[1]. Plus any tax that may be chargeable to the applicants.
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