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RADETIĆ AND OTHERS v. SERBIA

Doc ref: 47174/08;47423/08;34210/12;50681/12;71826/12;78089/12;49864/13;50135/13 • ECHR ID: 001-160046

Document date: December 15, 2015

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Outbound citations: 2

RADETIĆ AND OTHERS v. SERBIA

Doc ref: 47174/08;47423/08;34210/12;50681/12;71826/12;78089/12;49864/13;50135/13 • ECHR ID: 001-160046

Document date: December 15, 2015

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 47174/08 Milan RADETIĆ against Serbia and 7 other applications (see list appended)

The European Court of Human Rights (Third Section), sitting on 15 December 2015 as a Committee composed of:

Helena Jäderblom, President, Dmitry Dedov, Branko Lubarda, judges,

and Marialena Tsirli, Deputy Section Registrar ,

Having regard to the above applications lodged between 22 September 2008 and 1 July 2013,

Having regard to the formal declarations accepting a friendly settlement of the cases,

Having deliberated, decides as follows:

THE FACTS

The applicants ’ personal and other relevant details are set out in the appended table. The Serbian Government ("the Government") were represented by their Agent, Ms V. Rodić.

Relying on various Articles of the Convention , the applicants complained about the respondent State ’ s failure to enforce final court decisions rendered in their favour against different socially/State-owned companies . The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.

Between 30 December 2014 and 21 September 2015 the Court received 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 against an undertaking by the Government to pay each of them 2,000 EUR (two thousand euros), less any amounts which may have already been paid in that regard at the domestic level, to cover any non-pecuniary damage as well as costs and expenses, which would be converted into local currency at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. These sums would be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay these sums within the said three-month period, the Government undertook to pay simple interest on them, from 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 parties, furthermore, agreed that within the said three-month period the Government would pay, from their own funds, the sums awarded in the domestic decisions under consideration in the present cases (see table appended), less any amounts which may have already been paid on the basis of the said decisions, plus the costs of the domestic enforcement proceedings. These payments will constitute the final resolution of the cases pending before the European Court of Human Rights .

THE LAW

The Court considers that, in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their similar factual and legal background.

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 its Protocols 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 January 2016 .

Marialena Tsirli Helena Jäderblom Deputy Registrar President

APPENDIX

No.

Application no. and date of introduction

Applicant name

date of birth

place of residence

nationality

Represented by

Final domestic decision details

Enforcement order details

47174/08

22/09/2008

Milan RADETIĆ

01/01/1960

Serbian

Daroslava TODOROVIĆ

Kraljevo Municipal Court

IP 1010/03 of 10 June 2003

Kraljevo Municipal Court

I. 35/05 of 17 January 2005

I. 159/08 of 30 January 2008

47423/08

23/09/2008

Nazira BAĆIĆANIN

01/01/1961

Serbian

Refija GARIBOVIĆ

Municipal Court in Novi Pazar P.1.br.399/07 of 06 June 2007

P1.br.906/07 of 11 June 2007

Municipal Court in Novi Pazar

I. 1474/07 of 10 August 2007

34210/12

25/05/2012

Slobodan VUKSANOVIĆ

19/04/1946

Serbian

First Instance Court in Beograd

1P. 14729/10 of 15 April 2011

Belgrade Appellate Court

Gž 2709/11 of 15 July 2011

First Basic Court in Beograd

ZI 24188/11 of 14 December 2011

50681/12

06/08/2012

Nada IZVONAR

21/05/1958

Serbian

Kragujevac Court of First Instance

P1 4085/10 of 29 April 2011

Kragujevac Court of First Instance

I. 8453/11 of 2 December 2011

71826/12

19/10/2012

Sabaheta PALJEVAC

30/07/1950

Serbian

Ismet KALIĆ

Municipal Court in Novi Pazar

P1 121/04 of 16 April 2004

P1 357/05 of 13 October 2005

P1 679/06 of 2 October 2006

Municipal Court in novi Pazar

I. 557/04 of 20 August 2004

I. 2279/12 of 20 August 2012

I. 259/07 of 19 March 2007

78089/12

26/11/2012

Selvera Å USTERAC

10/09/1963

Serbian

Refija GARIBOVIĆ

Novi Pazar First Instance Court

I-15 P1 162/12 of 8 May 2012

Novi pazar First Instance Court

19-I 2418/12 of 11 September 2012

49864/13

01/07/2013

Vezirka MEHOVIĆ

30/08/1954

Serbian

Hasim KLIMENTA

Municipal Court in Tutin

P. 342/02

26 November 2002

Municipal Court in Novi Pazar

I. 31/

27 January 2003

50135/13

03/06/2013

Danica JANIĆ PAUNOVIĆ

08/01/1966

Serbian

Emir FETAHOVIĆ

Novi Pazar Municipal Court

P1 266/04 of 29 June 2004

P1 376/05 of 5 October 2006

P1 709/06 3 May 2006

Novi Pazar Municipal Court

I. 1152/06 of 25 August 2006

I. 1215/07 of 4 June 2007

Novi Pazar Court of First Instance

I. 979/05 of 8 July 2013

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