THIRD SECTION
DECISION
Application no. 54050/08
Javorka VUJISIĆ v. Serbia
and 9 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 15 April 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 10 October 2008 and 29 June 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. 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 different socially/State-owned companies. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 11 October 2013 and 5 February 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
Represented by
Final domestic decision details
(the seat of the relevant court and the date of the decision)
The date of the enforcement order
54050/08
10/10/2008
Javorka VUJISIĆ
24/05/1950
Serbian
Novi Sad
1. 05/03/1998
2. 11/05/2005
3. 19/01/2006
1. 12/05/1998
2. 25/12/2007
3. 3/01/2008
54057/08
10/10/2008
Verica IVANOVIĆ
20/01/1960
Serbian
Novi Sad
1. 01/04/1998
2. 17/03/2000
3. 19/01/2005
4. 11/05/2005
1. 31/12/2007
2. 11/05/2000
3. 07/02/2008
4. 07/02/2008
66931/09
08/10/2009
Miloš MITROVIĆ
03/07/1951
Serbian
Valjevo
29/12/2004
Enforcement requested in the insolvency proceedings (St. 346/03)
71638/12
01/11/2012
Rahim ISLAMOVIĆ
10/01/1952
Serbian
Slobodan MILANOVIĆ
Novi Pazar
15/12/2004
31/10/2007
1329/13
26/12/2012
Miroslavka BULATOVIĆ
13/08/1968
Serbian
Rodoljub MARINKOVIĆ
Novi Pazar
09/08/2010
01/12/2011
20498/13
26/02/2013
Vasvija FERIZOVIĆ
01/12/1950
Serbian
Slobodan MILANOVIĆ
Novi Pazar
22/09/2004
06/06/2006
31748/13
19/04/2013
Ranka KUVELJIĆ
31/05/1964
Serbian
Snežana JOKIĆ
Čačak
26/11/2007
18/03/2008
46288/13
17/05/2013
Danijela VASILJEVIĆ JEREMIĆ
03/06/1975
Serbian
Slobodan MILANOVIĆ
Novi Pazar
1. 25/01/2005
2. 20/06/2006
Novi Pazar
1. 29/08/2006
2. 6/01/2006
47417/13
29/06/2013
Nazim GOŠEVAC
06/08/1967
Serbian
Rodoljub MARINKOVIĆ
Novi Pazar
12/03/2009
11/07/2011
56579/13
17/12/2012
Milorad OBRADOVIĆ
30/04/1948
Serbian
Refija GARIBOVIĆ
Aranđelovac
1. 18/11/2003
2. 20/06/2007
3. 31/01/2008
4. 22/02/2008
1. 13/04/2005
2,3 and 4. 11/09/2012
Full & Egal Universal Law Academy