THIRD SECTION
DECISION
Application no. 63695/13
Dragica IVANKOVIĆ against Serbia
and 9 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 2 September 2014 as a Committee composed of:
Ján Šikuta, President,
Dragoljub Popović,
Iulia Antoanella Motoc, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above applications lodged between 19 and 30 September 2013,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants’ personal and other relevant details are set out in the appended table. They were all represented by Mr S. Protić and Mr M. Protić, lawyers practising in Belgrade. 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 socially/State-owned companies. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 21 January 2014 and 29 May 2014 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) 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.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
APPENDIX
No
Application
no. and date of introduction
Applicant name
date of birth
nationality
Final domestic decision details
(the seat of the relevant court and the date of the decision)
The date of the enforcement order
63695/13
25/09/2013
Dragica IVANKOVIĆ
09/12/1956
Serbian
Belgrade
10/10/2007
8/01/2009
63706/13
25/09/2013
Dušan MARKOVIĆ
25/11/1956
Serbian
Belgrade
8/10/2007
6/07/2011
63969/13
30/09/2013
Milena DONČIĆ
03/04/1952
Serbian
Belgrade
31/01/2008
16/05/2008
64001/13
27/09/2013
Jasminka OBRADOVIĆ
26/10/1960
Serbian
Belgrade
10/10/2007
5/08/2011
64029/13
27/09/2013
Slavoljub RADOVIĆ
16/04/1971
Serbian
Belgrade
10/10/2007
5/08/2011
64068/13
25/09/2013
Vlado KRSTIĆ
20/04/1952
Serbian
Belgrade
11/12/2006
29/09/2008
64113/13
30/09/2013
Dunavka ILIĆ
04/09/1965
Serbian
Belgrade
11/09/2007
12/03/2008
66520/13
19/09/2013
Dušanka LAZAREVIĆ
10/06/1956
Serbian
Belgrade
6/09/2007
21/02/2008
66532/13
19/09/2013
Milka ŠAVRLJUGA
06/09/1954
Serbian
Belgrade
6/09/2007
21/02/2008
66565/13
19/09/2013
Čedomir PANTELIĆ
12/10/1951
Serbian
Belgrade
29/10/2007
15/01/2009
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