SECOND SECTION
DECISION
Application no. 47893/08
Sadija TUTIĆ against Serbia
and 14 other applications
The European Court of Human Rights (Second Section), sitting on 14 February 2012 as a Committee composed of:
András Sajó, President,
Dragoljub Popović,
Paulo Pinto de Albuquerque, judges,
and Françoise Elens-Passos, Deputy Section Registrar,
Having regard to the above applications lodged between 25 September 2008 and 3 December 2010,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
PROCEDURE
The applicants are Serbian nationals (for additional personal details see the appended table). The applicants in cases nos. 47893/08, 54115/08, 55600/08, 55602/08, 55610/08, 55614/08, 55617/08, 55618/08, 59304/08 and 75080/10 were represented before the Court by Ms R. Garibović while the applicants in cases nos. 67072/09 and 67246/09 were represented before the Court by Ms N. Miljaljević. Both lawyers are practising in Novi Pazar. The applicant in case no. 60714/08 was represented before the Court by Mr M. Lalić and Mr N. Lalić, lawyers practising in Belgrade, and the applicant in case no. 17175/09 was represented before the Court by Mr M. Jevtović, a lawyer practising in Užice. The applicant in case no. 56326/08 did not have a representative before the Court. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
Relying on various Articles of the Convention, the applicants essentially complained about the respondent State’s failure to fully enforce final judgments rendered in their favour against several socially/State-owned companies. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 27 October 2011 and 22 November 2011 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 the amounts specified in the appended table to cover any non-pecuniary damage as well as costs and expenses, which will be converted into local currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. These sums will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, 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 will pay, from their own funds, the sums awarded in the domestic decisions under consideration in the present case (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 (Article 37 § 1 in fine of the Convention).
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.
Françoise Elens-PassosAndrás Sajó
Deputy RegistrarPresident
No.
Application
no.
Lodged on
Applicant name
date of birth
place of residence
Company name, seat, other information
Final domestic decision (issuing authority / case no., adopted on)
Enforcement order (enforcement authority, case no. date of order)
Non-pecuniary damage/costs and expenses
47893/08
25/09/2008
Šadija TUTIĆ
20/05/1955
Novi Pazar
“Raška” Pamučna predionica”, DOO, Novi Pazar,
Under restructuring since 02/11/2004
Municipal Court in Novi Pazar
P1.1144/06 of 11 October 2007
Municipal Court in Novi Pazar
I. 174/08 of 22/02/2008
Enforcement request was dismissed due to the restructuring of the company
3,100 euros
54115/08
06/10/2008
Sabahudin HADŽIĆ
02/10/1965
Novi Pazar
“Raška” Viskozna predionica”, DOO, Novi Pazar, Under restructuring since 02/11/2004
Municipal Court in Novi Pazar
P1. 10/07 of 24 September 2007
Municipal Court in Novi Pazar
I. 638/08 of 09/06/2008
Enforcement request was dismissed due to the restructuring of the company
3,100 euros
55600/08
17/10/2008
Rada BOGDANOVIĆ
16/02/1953
Čačak
DP Modna Konfekcija “Prvi Oktobar”, Čačak, Under insolvency since 19/11/2002
Municipal Court in Čačak
P1. 1076/99 of 05 February 2001
Enforcement requested in the insolvency proceedings (potraživanje prijavljeno u stečajnom postupku)
Commercial Court in Čačak (I. St. 221/02 of 19/11/2002)
3,600 euros
55602/08
17/10/2008
Dragomir BOŠKOVIĆ
25/01/1970
Kraljevo
DP Modna Konfekcija “Prvi Oktobar”, Čačak, in insolvency since 19/11/2002
Municipal Court in Čačak
P1. 1076/99 of 05 February 2001
Enforcement requested in the insolvency proceedings (potraživanje prijavljeno u stečanjnom postupku)
Commercial Court in Čačak (I. St. 221/02 of 19/11/2002)
3,600 euros
55610/08
17/10/2008
Jordan TIMOTIJEVIĆ
15/05/1949
Čačak
DP Modna Konfekcija “Prvi Oktobar”, Čačak, in insolvency since 19/11/2002
Municipal Court in Čačak
P1. 1076/99 of 05 February 2001
Enforcement requested in the insolvency proceedings (potraživanje prijavljeno u stečajnom postupku)
Commercial Court in Čačak (I. St. 221/02 of 19/11/2002)
3,600 euros
55614/08
17/10/2008
Mirjana KARANAC
27/05/1954
Čačak
DP Modna Konfekcija “Prvi Oktobar”, Čačak, in insolvency since 19/11/2002
Municipal Court in Čačak
P1. 1076/99 of 05 February 2001
Enforcement requested in the insolvency proceedings (potraživanje prijavljeno u stečajnom postupku)
Commercial Court in Čačak (I. St. 221/02 of 19/11/2002)
3,600 euros
55617/08
17/10/2008
Vera ŽIVANOVIĆ
02/06/1955
Čačak
DP Modna Konfekcija “Prvi Oktobar”, Čačak, in insolvency since 19/11/2002
Municipal Court in Čačak
P1. 1076/99 of 05 February 2001
Enforcement requested in the insolvency proceedings (potraživanje prijavljeno u stečajnom postupku)
Commercial Court in Čačak (I. St. 221/02 of 19/11/2002)
3,600 euros
55618/08
17/10/2008
Selimir OSTOJIĆ
02/08/1942
Čačak
DP Modna Konfekcija “Prvi Oktobar”, Čačak, in insolvency since 19/11/2002
Municipal Court in Čačak
P1. 1076/99 of 05 February 2001
Enforcement requested in the insolvency proceedings (potraživanje prijavljeno u stečajnom postupku)
Commercial Court in Čačak (I. St. 221/02 of 19/11/2002)
3,600 euros
56326/08
15/11/2008
Gordana ANTANASOV
09/09/1975
Bosilegrad
HK PK “Yumco” AD, Vranje,
Under restructuring since 10/01/2011
1. Municipal Court in Bosilegrad
P1. 27/07 of 28 April 2007
2. Municipal Court in Bosilegrad
P. 26/07 of 30 May 2007
1. Municipal Court in Vranje
I. 178/08 of 14/02/2008
2. Municipal Court in Vranje
I. 964/07 of 13/02/2008
3,640 euros
59304/08
23/10/2008
Senada GANIĆ
11/11/1969
Novi Pazar
“Raška”- Pamučna predionica, DOO,
Novi Pazar,
Under restructuring since 02/11/2004
1. Municipal Court in Novi Pazar
P1. 338/03 of 25 August 2003
2. Municipal Court in Novi Pazar
P1. 107/04 of 5 January 2005
3. Municipal Court in Novi Pazar
P1. 500/05 of 20 December 2005
4. Municipal Court in Novi Pazar
P1. 664/07 of 23 November 2007
1. Municipal Court in Novi Pazar
I. 1045/03 of 15/12/2003 (on 7 May 2008 the domestic court stayed this enforcement proceedings due to the fact that company is under restructuring)
2. Municipal Court in Novi Pazar
I. 609/05 of 21/06/2005
I. 680/06 of 24/05/ 2006
3. Municipal Court in Novi Pazar
I. 340/06 of 3/04/2006
4. Municipal Court in Novi Pazar
I. 154/08 of 18/02/2008 (Enforcement request was dismissed due to the restructuring of the company)
3,100 euros
60714/08
04/12/2008
Duško TOVILOVIĆ
15/02/1963
Beograd
“Ivo Lola Ribar Sistem” A.D., Beograd. Under restructuring since 23/07/2003
II Municipal Court in Belgrade
V-P-7089/95 of 28 June 2005
IV Municipal Court in Belgrade
I-XVI- 1271/05 of 08/09/2005
(the enforcement proceeding was stayed on 05 October 2005 due to the restructuring of the company)
6,750 euros
17175/09
12/03/2009
Momčilo ALEKSIĆ
31/10/1956
Mačkat
IMR-Rakovica, Beograd. Under restructuring since 23/02/2005
Municipal Court in Čajetina
P. 91/98 of 24 December 1998
Municipal Court in Čajetina
I. 252/03 of 6 November 2003
2,300 euros
67072/09
16/11/2009
Enisa SARAČEVIĆ
22/11/1965
Novi Pazar
“Vojin Popović-Domaća Radinost”, DOO, Novi Pazar, Under insolvency since 28/10/2005 Commercial Court in Užice (I. St. 35/06)
Municipal Court in Novi Pazar
P1. 83/03 of 23 April 2003
Municipal Court in Novi Pazar
I. 727/03 of 13/08/2003
3,100 euros
67246/09
16/11/2009
Safija BIHORAC
20/10/1956
Novi Pazar
“Vojin Popović-Domaća Radinost”, DOO, Novi Pazar, Under insolvency since 28/10/2005 Commercial Court in Užice (I. St. 35/06)
Municipal Court in Novi Pazar
P1. 318/03 of 2 September 2003
Municipal Court in Novi Pazar
I. 1002/03 of 15/12/2003
3,100 euros
75080/10
03/12/2010
Bahtijar REDŽIĆ
20/01/1951
Novi Pazar
DP “Iskra –Proizvodnja akumulatora” , Novi Pazar, Under Insolvency since 21/01/2004
Municipal Court in Novi Pazar
P1. 543/02 of 28 October 2003
Enforcement requested in the insolvency proceedings (potraživanje prijavljeno u stečajnom postupku)
Commercial Court in Kraljevo (I. St. 2032/03 of 21/01/2004)
3,100 euros
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