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MILADINOV AND OTHERS v. SERBIA
Doc ref: 17469/19;18836/19;21747/19;22232/19;22242/19;22287/19;37948/19 • ECHR ID: 001-209912
Document date: April 8, 2021
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MILADINOV AND OTHERS v. SERBIA
Doc ref: 17469/19;18836/19;21747/19;22232/19;22242/19;22287/19;37948/19 • ECHR ID: 001-209912
Document date: April 8, 2021
Cited paragraphs only
SECOND SECTION
DECISION
Application no. 17469/19 Canko MILADINOV against Serbia and 6 other applications
(s ee appended table)
The European Court of Human Rights (Fourth Section), sitting on 8 April 2021 as a Committee composed of:
Carlo Ranzoni , President, Branko Lubarda , Pauliine Koskelo , judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application s lodged on the various dates indicated in the appended table,
Having regard to the formal declaration s accepting a friendly settlement of the case s ,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicant s is set out in the appended table.
The applicants were represented by Mr M. Stojiljković , a lawyer practising in Niš .
The applicants ’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-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 applicant s 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 Government also undertook to ensure the enforcement of the domestic decisions under consideration in the case s concerned within the same three-month period, and to pay any costs of the domestic enforcement proceedings.
The payment and the enforcement of the domestic decisions in the cases concerned 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 case s 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 29 April 2021 .
{signature_p_2}
Viktoriya Maradudina Carlo Ranzoni 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]
17469/19
20/03/2019
Canko MILADINOV
1957
29/01/2021
04/01/2021
1,000
250
18836/19
29/03/2019
Kiril TOÅ EV
1948
29/01/2021
04/01/2021
1,000
250
21747/19
10/04/2019
Petrunka SIMEONOV
1956
29/01/2021
04/01/2021
1,000
250
22232/19
12/04/2019
Jordan PETKOV
1943
29/01/2021
04/01/2021
1,000
250
22242/19
12/04/2019
Milan GOSPODINOV
1963
29/01/2021
04/01/2021
1,000
250
22287/19
12/04/2019
Slavica VASEVA
1950
29/01/2021
04/01/2021
1,000
250
37948/19
28/06/2019
Zaharije STOJNEV
1944
29/01/2021
04/01/2021
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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