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IVANOVIĆ AND OTHERS v. SERBIA
Doc ref: 77268/13, 77326/13, 77329/13, 77330/13, 77333/13, 77335/13, 77337/13, 77338/13, 77340/13, 77342/13, ... • ECHR ID: 001-159825
Document date: December 8, 2015
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IVANOVIĆ AND OTHERS v. SERBIA
Doc ref: 77268/13, 77326/13, 77329/13, 77330/13, 77333/13, 77335/13, 77337/13, 77338/13, 77340/13, 77342/13, ... • ECHR ID: 001-159825
Document date: December 8, 2015
Cited paragraphs only
THIRD SECTION
DECISION
Application no . 77268/13 Jelica IVANOVIĆ against Serbia and 38 other applications (see list appended)
The European Court of Human Rights (Third Section), sitting on 8 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 on 28 June 2013,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants are all Serbian nationals. They were all represented by Mr D . A nđelković , a lawyer practising in Vlasotince . The applicants ’ additional personal details are set out in the appended table.
The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić .
Relying on Article 6 of the Convention, the applicants complained about the respondent State ’ s failure to enforce a final court judgment No . P 360/06 rendered in their favour on 13 April 2006 by the Vlasotince Municipal Court against a company which has been privately owned as of 2003 . On 6 August 2007 the Vlasotince Municipal Court issued an enforcement order No. I 348/07. It would appear that the final judgment in question has not yet been enforced.
Between 17 June 2015 and 18 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 EUR 2,500 (two thousand and five hundred euros) to cover any non-pecuniary damage as well as costs and expenses, which would be converted into the local currency at the rate applicable on the date of payment, and would be free of any taxes that may be chargeable to the applicants. 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 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 payments would constitute the final resolution of the cases.
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 settlements reached between the parties. It is satisfied that the settlements are 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. It is further understood that the said sums should be paid less any amounts which may have already been paid in that regard at the domestic level.
In view of the above, it is appropriate to strike the case s out of the Court ’ s 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 7 January 2016 .
Marialena Tsirli Helena Jäderblom Deputy Registrar President
Appendix
No.
Application nos.
Lodged on
Applicant
Date of birth
Place of residence
77268/13
28/06/2013
Jelica IVANOVIĆ
29/10/1964
Vlasotince
77326/13
28/06/2013
Verica MILOVANOVIĆ
19/08/1962
Vlasotince
77329/13
28/06/2013
Jovanka GAVRILOVIĆ
06/02/1963
Vlasotince
77330/13
28/06/2013
Slađana SINADINOVIĆ
16/08/1962
Leskovac
77333/13
28/06/2013
Dušanka ZLATKOVIĆ
19/01/1959
Vlasotince
77335/13
28/06/2013
Anka MITROVIĆ
02/01/1966
Vlasotince
77337/13
28/06/2013
Radmila JOVIĆ
30/05/1956
Vlasotince
77338/13
28/06/2013
Latinka MILADINOVIĆ
01/10/1964
Vlasotince
77340/13
28/06/2013
Trajka STEFANOVIĆ
06/05/1944
Vlasotince
77342/13
28/06/2013
Milica TODOROVIĆ
13/04/1955
Vlasotince
77343/13
28/06/2013
Zorica PETROVIĆ
10/04/1964
Vlasotince
77344/13
28/06/2013
Bojana JANKOVIĆ
06/04/1953
Vlasotince
77346/13
28/06/2013
Goran RANĐELOVIĆ
23/04/1967
Vlasotince
77349/13
28/06/2013
Ivanka PETROVIĆ
20/10/1966
Vlasotince
77350/13
28/06/2013
Bisera MILJKOVIĆ
31/03/1956
Vlasotince
77352/13
28/06/2013
Ljubinka ILIĆ
16/02/1953
Vlasotince
77353/13
28/06/2013
Dušanka JOVIĆ
04/11/1962
Vlasotince
77355/13
28/06/2013
Snežana MILADINOVIĆ
17/03/1968
Vlasotince
77356/13
28/06/2013
Branislav ĐOKIĆ
19/10/1961
Vlasotince
77357/13
28/06/2013
Goran ĐOKIĆ
28/08/1966
Vlasotince
77358/13
28/06/2013
Ljiljana RANDELOVIĆ
02/01/1956
Vlasotince
77360/13
28/06/2013
Jasmina STOJILJKOVIĆ
01/12/1962
Vlasotince
77361/13
28/06/2013
Zorica STAMENKOVIĆ
14/01/1968
Leskovac
77362/13
28/06/2013
Miroslav MILENKOVIĆ
31/07/1969
Vlasotince
77363/13
28/06/2013
Vesna CVETKOVIĆ
15/01/1968
Vlasotince
77364/13
28/06/2013
Slađana STOJIČIĆ
06/10/1961
Vlasotince
77365/13
28/06/2013
Dusanka MILJKOVIĆ
29/09/1959
Vlasotince
77366/13
28/06/2013
Slađana JOVIĆ
20/09/1962
Vlasotince
77367/13
28/06/2013
Zoran ANĐELKOVIĆ
20/12/1951
Vlasotince
77370/13
28/06/2013
Biljana JEVTIĆ
03/08/1949
Vlasotince
77371/13
28/06/2013
Divna STANKOVIĆ
21/01/1961
Vlasotince
77372/13
28/06/2013
Gorica ILIĆ
17/04/1964
Vlasotince
77373/13
28/06/2013
Jasmina VASILJKOVIĆ
15/08/1979
Vlasotince
77375/13
28/06/2013
Suzana STOJANOVIĆ
18/03/1968
Vlasotince
77376/13
28/06/2013
Suzana STANKOVIĆ
24/05/1968
Vlasotince
77378/13
28/06/2013
Slađana CVETKOVIĆ
18/10/1956
Vlasotince
77379/13
28/06/2013
Jadranka MILJKOVIĆ
09/07/1965
Vlasotince
77380/13
28/06/2013
Jasmina MILOSAVLJEVIĆ
15/01/1969
Vlasotince
77381/13
28/06/2013
Slađana STOJILJKOVIĆ
27/11/1962
Leskovac
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