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KRIVOKAPIĆ AND OTHERS v. SERBIA
Doc ref: 35173/19;40975/19;41396/19;56850/19;16264/20;17618/20;17621/20;22041/20 • ECHR ID: 001-212785
Document date: September 23, 2021
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KRIVOKAPIĆ AND OTHERS v. SERBIA
Doc ref: 35173/19;40975/19;41396/19;56850/19;16264/20;17618/20;17621/20;22041/20 • ECHR ID: 001-212785
Document date: September 23, 2021
Cited paragraphs only
SECOND SECTION
DECISION
Application no. 35173/19 Radojica KRIVOKAPIĆ against Serbia and 7 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 23 September 2021 as a Committee composed of:
Pauliine Koskelo, President, Branko Lubarda, Marko Bošnjak, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Mr Srđan Stajić, a lawyer practising in Lebane.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the delayed enforcement of domestic decisions given against a socially/State-owned company were communicated to the Serbian Government (“the Government”).
The Court received the 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, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the 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 payment will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 the Protocols thereto 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.
Done in English and notified in writing on 14 October 2021.
{signature_p_2}
Viktoriya Maradudina Pauliine Koskelo Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1
(non-enforcement or delayed enforcement of domestic decisions given against socially/State-owned companies)
No.
Application no. Date of introduction
Applicant’s name
Year of birth
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage per applicant
(in euros) [1] [2]
Amount awarded for costs and expenses per application (in euros) [3]
35173/19
17/06/2019
Radojica KRIVOKAPIĆ
1942
18/06/2021
24/07/2021
1,000
250
40975/19
18/07/2019
Ivica ĐORĐEVIĆ
1963
18/06/2021
24/07/2021
1,000
250
41396/19
23/07/2019
Vlastimir STOJANOVIĆ
1943
18/06/2021
24/07/2021
1,000
250
56850/19
23/10/2019
Žika ĐORĐEVIĆ
1952
18/06/2021
24/07/2021
1,000
250
16264/20
10/03/2020
Jasmina CVETKOVIĆ
1971
18/06/2021
24/07/2021
1,000
250
17618/20
10/03/2020
Jasmina TOŠIĆ
1964
18/06/2021
24/07/2021
1,000
250
17621/20
10/03/2020
Mira ZLATANOVIĆ
1974
18/06/2021
24/07/2021
1,000
250
22041/20
16/04/2020
Olivera ŽIVKOVIĆ
1967
18/06/2021
24/07/2021
1,000
250[1] Plus any tax that may be chargeable to the applicants.
[2] Less any amounts which may have already been paid in that regard at the domestic level.
[3] Plus any tax that may be chargeable to the applicants.
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