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STOJANOVIĆ AND OTHERS v. SERBIA
Doc ref: 37268/19;37352/19;37356/19;37362/19;37364/19;37368/19;37376/19;37379/19 • ECHR ID: 001-207747
Document date: December 17, 2020
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STOJANOVIĆ AND OTHERS v. SERBIA
Doc ref: 37268/19;37352/19;37356/19;37362/19;37364/19;37368/19;37376/19;37379/19 • ECHR ID: 001-207747
Document date: December 17, 2020
Cited paragraphs only
SECOND SECTION
DECISION
Application no. 37268/19 Vladimir STOJANOVIĆ against Serbia and 7 other applications
(s ee appended table)
The European Court of Human Rights (Second Section), sitting on 17 December 2020 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 application s lodged on 14 June 2019,
Having regard to the observations submitted by the respondent Government,
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 Ms V. Tasi ć , a lawyer practising in Leskovac .
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 LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
In the present applications, having examined all the material before it, the Court considers that the respondent Government cannot be held liable for the non-enforcement of the domestic decisions since the applicants failed to use the remedies provided by the Right to a Trial within a Reasonable Time Act ( Zakon o zaštiti prava na suđenje u razumnom roku , published in Official Gazette no. 40/2015). The Court held in Stankovi ć v. Serbia (( dec. ), no. 41285/19, § 22, 3 December 2019) that the applicant who had used the said remedies had lost her status as a “victim” within the meaning of Article 34 of the Convention. The present applicants have not explained why those remedies would have been inadequate or ineffective in their case.
In view of the above, the Court finds that these complaints are inadmissible for non-exhaustion of domestic remedies and must be rejected in accordance with Article 35 §§ 1 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 21 January 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
End date of non-enforcement period
Length of enforcement proceedings
37268/19
14/06/2019
Vladimir STOJANOVIĆ
22/09/1961
Municipal Court in Leskovac , 08/12/2005
28/07/2006
pending
More than 14 year(s) and 3 month(s) and 23 day(s)
37352/19
14/06/2019
Stanoja MILOŠEVIĆ
13/04/1956
Municipal Court in Leskovac , 13/12/2005
16/03/2006
pending
More than 14 year(s) and 8 month(s) and 4 day(s)
37356/19
14/06/2019
Vladica MITIĆ
28/10/1977
Municipal Court in Leskovac , 19/11/2008
08/07/2009
pending
More than 11 year(s) and 4 month(s) and 12 day(s)
37362/19
14/06/2019
Kostadin NEDELJKOVIĆ
22/09/1961
Municipal Court in Leskovac , 08/12/2005
28/07/2006
pending
More than 14 year(s) and 3 month(s) and 23 day(s)
37364/19
14/06/2019
Dušan MILOVANOVIĆ
03/05/1955
Municipal Court in Leskovac , 15/03/2006
19/06/2006
pending
More than 14 year(s) and 5 month(s) and 1 day(s)
37368/19
14/06/2019
Bratislav KRSTIĆ
14/02/1969
Municipal Court in Leskovac , 08/12/2005
28/07/2006
pending
More than 14 year(s) and 3 month(s) and 23 day(s)
37376/19
14/06/2019
Sreten KOCIĆ
05/06/1953
Municipal Court in Leskovac , 15/03/2006
19/06/2006
pending
More than 14 year(s) and 5 month(s) and 1 day(s)
37379/19
14/06/2019
Safet Å ISTEK
05/11/1955
Municipal Court in Leskovac , 11/04/2007
17/06/2010
pending
More than 10 year(s) and 5 month(s) and 3 day(s)
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