THIRD SECTION
DECISION
Application no. 3715/12
Ivan IVANOVIĆ against Serbia
and 14 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 5 September 2011 and 9 October 2012,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
THE FACTS AND PROCEDURE
The applicants’ personal and other relevant details are set out in the appended table. 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 10 December 2013 and 23 April 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
Represented by
3715/12
05/09/2011
Ivan IVANOVIĆ
5346/12
14/09/2011
Radosav MILINKOVIĆ
Aleksandar GLIŠIĆ
5598/12
01/10/2011
Slobodan JESTRATIJEVIĆ
5684/12
01/10/2011
Vera VELJKOVIĆ
Tomislav RADIŠIĆ
5783/12
04/10/2011
Leposava TEŠIĆ
Tomislav RADIŠIĆ
14966/12
16/12/2011
Đorđe PERIŠIĆ
Gorica VESELINOVIĆ
15264/12
06/03/2012
Nada ČOLOVIĆ
Nataša MIJALJEVIĆ
15274/12
06/03/2012
Branka ĐORĐEVIĆ
Nataša MIJALJEVIĆ
26408/12
02/04/2012
Milijana PENDIĆ
Ranka PANTOVIĆ
39272/12
12/06/2012
Saša LAZAREVIĆ
Nenad ČOLOVIĆ
40051/12
19/06/2012
Jovanka NIKODINOVIĆ
Rodoljub MARINKOVIĆ
43628/12
03/07/2012
Ranka SEKULIĆ
Vesna CUKAVAC
44993/12
07/07/2012
Hankija ŠKRIJELJ
Vesna CUKAVAC
53136/12
13/08/2012
Nadira ZAHITOVIĆ ELMAZBEGOVIĆ
Idriz MUDERIZOVIĆ
66613/12
09/10/2012
Ljubiša VUKADINOVIĆ
Snežana JOKIĆ
Full & Egal Universal Law Academy