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NIKOLIĆ AND OTHERS v. SERBIA

Doc ref: 48162/18;49186/18;53369/18;53373/18;58416/18;59572/18;49635/19;51012/19;51704/19 • ECHR ID: 001-208104

Document date: January 21, 2021

Inbound citations: 13
•
Cited paragraphs: 0
•
Outbound citations: 8

NIKOLIĆ AND OTHERS v. SERBIA

Doc ref: 48162/18;49186/18;53369/18;53373/18;58416/18;59572/18;49635/19;51012/19;51704/19 • ECHR ID: 001-208104

Document date: January 21, 2021

Cited paragraphs only

SECOND SECTION

DECISION

Application no. 48162/18 Milica NIKOLIĆ against Serbia and 8 other applications

(s ee appended table)

The European Court of Human Rights (Second Section), sitting on 21 January 2021 as a Committee composed of:

Carlo Ranzoni, President, Branko Lubarda, Pauliine Koskelo, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,

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 S. 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 non-enforcement or delayed enforcement of domestic decisions given against socially/State-owned companies were communicated to the Serbian Government (“the Government”) on 18 June 2020 .

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 Government submitted that the final domestic decisions in the applicants ’ favour had been enforced.

The applicants did not dispute that fact.

The Court reiterates that an application may be rejected as an abuse of the right of individual application within the meaning of Article 35 § 3 (a) of the Convention if, among other reasons, it was knowingly based on false information or if significant information and documents were deliberately omitted, either where they were known from the outset or where new significant developments occurred during the proceedings. Incomplete and therefore misleading information may amount to an abuse of the right of application, especially if the information in question concerns the very core of the case and no sufficient explanation is given for the failure to disclose that information (see Gross v. Switzerland [GC], no. 67810/10, § 28, ECHR 2014; S.A.S. v. France [GC], no. 43835/11, § 67, ECHR 2014; and Bihorac Hajdaragić v. Serbia ( dec. ) [Committee], no. 34929/16, 6 November 2018).

Turning to the present case, the Court observes that between 18 October 2018 and 28 November 2019 the sums awarded in the domestic decisions at issue were fully paid by the State in accordance with domestic law (see Stevanović and Others v. Serbia , nos. 43815/17 and 15 others, § 17, 27 August 2019). The applicants did not inform the Court about that development before notice of the applications was given to the Government and no explanation for this omission was provided.

Having regard to the fact that the information withheld concerned the very core of the applications, the Court finds that such conduct was contrary to the purpose of the right of individual application. Lawyers must understand that, having due regard to the Court ’ s duty to examine allegations of human rights violations, they must show a high level of professional prudence and meaningful cooperation with the Court by sparing it the introduction of unmeritorious complaints and, both before proceedings have been instituted and thereafter, they must inquire diligently into all the details of the case, meticulously abide by all the relevant rules of procedure and must urge their clients to do the same. Otherwise, the wilful or negligent misuse of the Court ’ s resources may undermine the credibility of lawyers ’ work in the eyes of the Court and even, if it occurs systematically, may result in particular individual lawyers being banned from representing applicants under Rule 36 § 4 (b) of the Rules of Court (see Stevančević v. Bosnia and Herzegovina ( dec. ), no. 67618/09, § 29, 10 January 2017).

In view of the above, the Court finds that these applications constitute an abuse of the right of individual application and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to join the applications;

Declares the applications inadmissible.

Done in English and notified in writing on 11 February 2021 .

Liv Tigerstedt 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

Date of birth

Relevant domestic decision

Start date of non-enforcement period

Date of enforcement of domestic decision

48162/18

26/09/2018

Milica NIKOLIĆ

22/08/1956

Municipal Court in Lebane , 21/05/2002

02/03/2006

29/10/2018

49186/18

03/10/2018

Nikola STEVANOVIĆ

09/07/1947

Municipal Court in Lebane , 15/10/2007

26/12/2007

29/10/2018

53369/18

30/10/2018

Vukašin ZDRAVKOVIĆ

27/03/1942

Municipal Court in Lebane , 16/09/2005

Municipal Court in Lebane , 28/07/2005

16/04/2010

24/10/2018

53373/18

30/10/2018

Stanojko STANKOVIĆ

02/09/1953

Municipal Court in Lebane , 24/11/2004

16/04/2010

29/10/2018

58416/18

26/11/2018

Stanica PETROVIĆ

02/06/1958

Municipal Court in Lebane , 07/12/2004

Municipal Court in Lebane , 03/03/2005

Municipal Court in Lebane , 08/07/2005

Municipal Court in Lebane , 04/08/2006

Municipal Court in Lebane , 03/05/2007

Municipal Court in Lebane , 07/12/2004

16/04/2010

22/11/2018

59572/18

29/10/2018

Miodrag SPASIĆ

22/09/1955

Municipal Court in Lebane , 26/02/2007

Municipal Court in Lebane , 03/06/2009

11/09/2007

15/10/2009

18/10/2018

49635/19

13/09/2019

Sreten BOGDANOVIĆ

15/07/1961

Municipal Court in Lebane , 04/07/2005

Municipal Court in Lebane , 28/03/2002

09/10/2006

22/07/2019

51012/19

02/09/2019

Milorad STANKOVIĆ

19/03/1953

Municipal Court in Lebane , 28/07/2005

02/07/2009

28/11/2019

51704/19

02/09/2019

Dragan VIDOJEVIĆ

20/07/1954

Municipal Court in Lebane , 14/05/2004

Commercial Court in Leskovac , 01/04/2004

Municipal Court in Lebane , 01/12/2005

07/02/2005

16/04/2010

28/11/2019

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