THIRD SECTION
DECISION
Application no. 22434/13
Milan VULIŠIĆ against Serbia
and 8 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 23 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 20 March 2013 and 21 May 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 represented by Ms S. Jokić, a lawyer practicing in Čačak. 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 18 October 2013 and 3 June 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), less any amounts which may have already been paid on the basis of the relevant Constitutional Court’s decision, 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. date of introduction
Applicant name
date of birth
nationality
Final domestic decision details
Enforcement order details
22434/13
20/03/2013
Milan VULIŠIĆ
01/06/1970
Serbian
Court of First Insance in Čačak
2 October 2008
Court of First Insance in Čačak
27 August 2009
46155/13
21/05/2013
Milica GOMILANOVIĆ
03/03/1954
Serbian
Court of First Insance in Čačak
13 April 2007
Court of First Insance in Čačak
21 September 2007
46329/13
20/05/2013
Milka ĆALOVIĆ
11/09/1961
Serbian
Court of First Insance in Čačak
28 February 2008
Court of First Insance in Čačak
4 November 2008
46402/13
13/05/2013
Milenka RANĐIĆ
14/07/1952
Serbian
Court of First Insance in Čačak
21 February 2008
Court of First Insance in Čačak
27 October 2008
46554/13
13/05/2013
Kosana TADIĆ
15/12/1946
Serbian
Court of First Insance in Čačak
21 February 2008
Court of First Insance in Čačak
27 October 2008
46557/13
13/05/2013
Mica DAMLJANOVIĆ
22/11/1948
Serbian
Court of First Insance in Čačak
21 February 2008
Court of First Insance in Čačak
27 October 2008
47153/13
13/05/2013
Radmila FILIPOVIĆ
06/01/1957
Serbian
Court of First Instance, Čačak
21 February 2008
Court of First Instance, Čačak
27 October 2008
47191/13
13/05/2013
Snežana KARAKLAJIĆ
21/06/1960
Serbian
Court of First Instance in Čačak
21 February 2008
Court of First Instance in Čačak
27 October 2008
48345/13
23/04/2013
Vesna NIKOLIĆ
31/03/1968
Serbian
Court of First Insance in Čačak
10 December 2008
Court of First Insance in Čačak
12 April 2010
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