NIKOLIĆ AND OTHERS v. SERBIA
Doc ref: 14927/17;20172/17;75862/17;77864/17;4941/18;4969/18;5013/18;14511/18;25670/18;38004/18 • ECHR ID: 001-205763
Document date: September 29, 2020
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FOURTH SECTION
DECISION
Application no. 14927/17 Dobrinka NIKOLIĆ against Serbia and 9 other applications
( s ee appended table)
The European Court of Human Rights (Fourth Section), sitting on 29 September 2020 as a Committee composed of:
Stéphanie Mourou-Vikström , President, Georges Ravarani , Jolien Schukking , judges,
and Liv Tigerstedt, 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 Ms I. Krunić , a lawyer practising in Ča č ak .
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 socially/State-owned companies were communicated to the Serbian Government (“the Government”) .
The Court received the friendly-settlement declarations 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 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 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 22 October 2020 .
Liv Tigerstedt Stéphanie Mourou-Vikström Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1
( delayed enforcement of domestic decisions given against socially/State-owned companies )
No.
Application no. Date of introduction
Applicant ’ s name
Date 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]
14927/17
14/02/2017
Dobrinka NIKOLIĆ
09/04/1954
28/08/2020
17/06/2020
1,000
250
20172/17
06/03/2017
Dragan GUDURIĆ
02/05/1963
28/08/2020
17/06/2020
1,000
250
75862/17
20/10/2017
Nenad TOŠIĆ
11/06/1966
28/08/2020
17/06/2020
1,000
250
77864/17
04/11/2017
Milan STANOJEVIĆ
01/08/1952
28/08/2020
17/06/2020
1,000
250
4941/18
20/01/2018
Milan MILOVANOVIĆ
22/06/1958
28/08/2020
24/06/2020
1,000
250
4969/18
20/01/2018
Milojko ĐOKOVIĆ
20/04/1965
28/08/2020
24/06/2020
1,000
250
5013/18
20/01/2018
Zoran RADOJEVIĆ
28/05/1959
28/08/2020
17/06/2020
1,000
250
14511/18
19/03/2018
Radojka KRNETIĆ
09/10/1950
28/08/2020
24/06/2020
1,000
250
25670/18
21/05/2018
Miodrag BLAGOJEVIĆ
08/07/1968
Veselin DUMIĆ
09/03/1963
28/08/2020
25/06/2020
1,000
250
38004/18
03/08/2018
(3 applicants)
Živorad NIKŠIĆ
09/10/1959
Petar BELOPAVLOVIĆ
27/07/1962
Željko PEJČINOVIĆ
24/03/1966
28/08/2020
25/06/2020
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.