SECOND SECTION
DECISION
Application no. 57016/08
Olivera VUKOJIČIĆ against Serbia
and 9 other applications
(see list appended)
The European Court of Human Rights (Second Section), sitting on
11 December 2012 as a Committee composed of:
Paulo Pinto de Albuquerque, President,
Dragoljub Popović,
Helen Keller, judges,
and Françoise Elens-Passos, Deputy Section Registrar,
Having regard to the above applications lodged between 5 November 2008 and 12 December 2009,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants are Ms Olivera Vukojičić (cases nos. 57016/08 and 13426/09), Mr Milorad Mihailović (cases nos. 57308/08 and 13459/09),
Mr Stanko Janković (cases nos. 57456/08 and 13278/09), Mr Sreten Pavlović (cases nos. 13318/09 and 13389/09) and Mr Medžid Turković (cases nos. 60899/08 and 62075/09). All of the applicants are Serbian nationals (for additional personal details see the appended table). The applicants in cases nos. 57016/08, 13426/09, 57308/08, 13459/09, 57456/08, 13278/09, 13318/09 and 13389/09 were all represented before the Court by Ms Daroslava Todorović, a lawyer practising in Kraljevo. The applicant in cases nos. 60899/08 and 62075/09 was represented before the Court by Ms R. Garibović, a lawyer practising in Novi Pazar. The Serbian Government (“the Government”) were represented by their Agent,
Mr S. Carić.
The applicants essentially complained about the respondent State’s failure to fully 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 26 December 2011 and 7 March 2012 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 (per applicant and not per application) 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. In the event of failure to pay these sums 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.
In view of the above, it is appropriate to strike the cases out of the list pursuant to Article 39 of the Convention.
For these reasons, the Court unanimously
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Françoise Elens-PassosPaulo Pinto de Albuquerque
Deputy RegistrarPresident
APPENDIX
No.
Application
no.
Lodged on
Applicant name
date of birth
place of residence
Final domestic decision (issuing authority / case no., adopted on)
Company name, seat, other information
Enforcement order (enforcement authority, case no., date of order)
Friendly settlement amount
57016/08
05/11/2008
Olivera VUKOJIČIĆ
17/05/1977
Kraljevo
Municipal Court in Kraljevo
IP. 797/03 of 11 September 2003
Koncern Fabrika Vagona AD u restruktuiranju, Kraljevo
Municipal Court in Kraljevo
I. 14/05 of 17/01/2005
I. 255/08 of 01/02/2008
5,500 euros
13426/09
12/12/2008
Municipal Court in Kraljevo
IP. 639/01 of 17 February 2005
Municipal Court in Kraljevo
I.1252/05 of 11/10/2005
I. 206/08 of 28/01/2008
57308/08
05/11/2008
Milorad MIHAILOVIĆ
03/04/1939
Ratina - Kraljevo
Municipal Court in Kraljevo
IP. 750/03 of 13 January 2006
Koncern Fabrika Vagona AD u restruktuiranju, Kraljevo
Municipal Court in Kraljevo
I. 1378/06 of 21/09/2006
I. 232/08 of 29/01/2008
5,500 euros
13459/09
12/12/2008
Municipal Court in Kraljevo
IP. 330/03 of 27 May 2003
Municipal Court in Kraljevo
I. 122/05 of 07/02/2005
57456/08
05/12/2008
Stanko JANKOVIĆ
23/03/1952
Vitkovac - Kraljevo
Municipal Court in Kraljevo
IP. 1022/03 of 12 September 2003
Koncern Fabrika Vagona AD u restruktuiranju, Kraljevo
Municipal Court in Kraljevo
I. 39/05 of 21/01/2005
I. 274/08 of 31/01/2008
5,500 euros
13278/09
12/12/2009
Municipal Court in Kraljevo
IP. 388/01 of 25 January 2005
Municipal Court in Kraljevo
I. 1630/05 of 6/12/2005
I. 181/08 of 30/01/2008
60899/08
08/12/2008
Medžid TURKOVIĆ
04/02/1953
Novi Pazar
Municipal Court in Novi Pazar
P1. 623/04 of 25 December 2004
Municipal Court in Novi Pazar
P1. 1156/04 of 21 January 2005
Municipal Court in Novi Pazar
P1. 76/05 of 17 August 2005
“Raška“ Viskozna predionica doo, Novi Pazar
1. Municipal Court in Novi Pazar
I. 663/05 of 23/06/2005
Municipal Court in Novi Pazar
I. 343/05 of 23/06/2005
Municipal Court in Novi Pazar
I. 1204 of 28/12/2005
3,600 euros
62075/09
23/10/2009
Municipal Court in Novi Pazar
P1. 1104/06 of 28 March 2007
Municipal Court in Kraljevo
I.1272/07 of 15/06/2007
13318/09
12/12/2009
Sreten PAVLOVIĆ
14/01/1959
Kraljevo
Municipal Court in Kraljevo
IP. 795/03 of 25 February 2004
Koncern Fabrika Vagona AD u restruktuiranju, Kraljevo
Municipal Court in Kraljevo
I. 16/05 of 17/01/2005
I. 269/08 of 04/02/2008
5,500 euros
13389/09
12/12/2008
Municipal Court in Kraljevo
IP. 303/01 of 17 February 2005
Municipal Court in Kraljevo
I. 1255/05 of 11/10/2005
I. 175/08 of 30/01/2008
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