ZDRAVKOVIĆ AND OTHERS v. SERBIA
Doc ref: 10143/10;71088/12;63603/13 • ECHR ID: 001-153258
Document date: February 17, 2015
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THIRD SECTION
DECISION
Application no . 10143/10 Petar ZDRAVKOVIĆ against Serbia and 2 other applications (see list appended)
The European Court of Human Rights ( Third Section), sitting on 17 February 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 26 January 2010 and 6 September 2013,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows :
FACTS AND PROCEDURE
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 Articles 6 and/or 13 of the Convention, the applicants complained about excessive length of the proceedings in their cases . The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 23 October and 26 November 2014 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 them the sums indicated in the appended table to cover any non-pecuniary damage , less any amounts which may have already been paid in that regard at the domestic level , as well as EUR 500 (five hundred euros) each to cover any costs and expenses, which sums 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. They 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 . These payments will constitute the final resolution of the cases pending before the European Court of Human Rights .
The Government, furthermore, undertook to ensure that all necessary steps are taken to allow the domestic proceedings under consideration in respect of the application no. 71088/12 to be concluded as speedily as possible, taking into account the requirements of the proper administration of justice.
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 19 March 2015 .
Marialena Tsirli Ján Šikuta Deputy Registrar President
APPENDIX
No .
Application no. and date of introduction
Applicant name
date of birth
nationality
Represented
by
Start of proceedings
End of Proceedings
Total length and number of instances since 3 March 2004 (the date on which the Convention came into force)
Complaints lodged under Articles
Constitutional Court
decision details;
just satisfaction awarded
(if any)
Amount FS
(EUR)
10143/10
26/01/2010
Petar ZDRAVKOVIC
01/07/1938
Serbian
Olivera STEVANOVI Ć
03/03/2004
(29/07/2001)
16/01/2008
3 years and 10 months
2 levels of jurisdiction
Art. 6
U ž . 273/09
16 July 2009
800
71088/12
16/10/2012
Krsta KOVAČEVIĆ
26/10/1949
Serbian
Mile PETKOVIĆ
10/03/2005
...
9 years and 6 months
2 levels of jurisdiction
Art s . 6 & 13
2400
63603/13
06/09/2013
Snežana STOJANOVIĆ
27/12/1954
Serbian
Mile PETKOVIĆ
03/03/2004
(7/08/1992)
11/02/2011
6 years and 11 months
2 levels of jurisdiction
Art s . 6 & 13
U ž . 1848/10
31 January 2013
300 Euros
1800