MARKOVIĆ AND OTHERS v. SERBIA
Doc ref: 45715/08;47818/08;49138/08;53738/08;45579/14;45584/14;45608/14;45610/14 • ECHR ID: 001-154177
Document date: March 31, 2015
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THIRD SECTION
DECISION
Application no . 45715/08 Dragoljub MARKOVIĆ against Serbia and 7 other applications (see list appended)
The European Court of Human Rights ( Third Section ), sitting on 31 March 2015 as a Committee composed of:
Ján Šikuta , President, Dragoljub Popović , Iulia Antoanella Motoc , judges, and Marialena Tsirli , Deputy Section Registrar ,
Having regard to the above applications lodged between 15 September 2008 and 6 November 2008 ,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants and their representatives is set out in the appended table .
The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodi ć .
Relying on Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 , the applicants complained about the non- enforcement of final court decisions rendered in their favour against different socially/State-owned compan ies . The decisions concerning a ll the applicants, except Mrs Mirjana Mihajlović ( application no. 47818 / 08) have in the meantime been enforced. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table .
Between 1 September 2014 and 6 February 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.
F urthermore , regarding application no. 47818 / 08, t he parties agreed that within the said three-month period the Government would pay, from their own funds, the sum awarded in the domestic decision under consideration in the present case (see table appended), less any amounts which may have already been paid on the basis of the said decision, 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 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 23 April 2015 .
Marialena Tsirli Ján Šikuta Deputy Registrar President
Appendix
No.
Application
no. and date of introduction
Applicant name
date of birth
nationality
Represented by
Final domestic decision details
(the seat of the relevant court and the date of the decision)
Enforcement order details
45715/08
15/09/2008
Dragoljub MARKOVIĆ
01/01/1961
Serbian
Daroslava TODOROVIĆ
Kraljevo
27 September 2004
3/11/2005
18/01/2008
47818/08
19/09/2008
Mirjana MIHAJLOVIĆ [1]
05/03/1943
Serbian
Miomir RALEVIĆ
Majdanpek
19 June 2003
16/02/2004
19/10/2004
49138/08
02/10/2008
Dušan ĐURIĆ
02/09/1949
Serbian
Miomir RALEVIĆ
Majdanpek
19 June 2001
10/01/2003
53738/08
30/10/2008
Radmila TRKULJA
17/06/1948
Serbian
Miomir RALEVIĆ
Majdanpek
28 December 2000
9/07/2001
45579/14
06/11/2008
Milan MIHAJLOVIĆ
16/10/1985
Serbian
Miomir RALEVIĆ
Majdanpek
28 December 2000
9/07/2001
45584/14
06/11/2008
Vera TRKULJA
09/02/1979
Serbian
Miomir RALEVIĆ
Majdanpek
28 December 2000
9/07/2001
45608/14
06/11/2008
Milica TRKULJA
06/06/1982
Serbian
Miomir RALEVIĆ
Majdanpek
28 December 2000
9/07/2001
45610/14
06/11/2008
Danica TRKULJA
09/02/1980
Serbian
Miomir RALEVIĆ
Majdanpek
28 December 2000
9/07/2001
[1] The applicant inherited pecuniary claims from the domestic court decisions rendered in her late husband ’s favour .