STANOJEVIĆ AND OTHERS v. SERBIA
Doc ref: 62019/11;4551/12;18101/12;40265/12;52157/12;80754/12 • ECHR ID: 001-152733
Document date: February 3, 2015
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THIRD SECTION
DECISION
Application no . 62019/11 Stanko STANOJEVIĆ against Serbia and 5 other applications (see list appended)
The European Court of Human Rights ( Third Section ), sitting on 3 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 10 August 2011 and 12 December 2012 ,
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 append ix .
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 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 1 August 2014 and 12 September 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 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 case s (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 applications 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 26 February 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
62019/11
23/08/2011
Stanko STANOJEVIĆ
23/09/1952
Serbian
_
Å abac
30 May 2008
30/05/2008
4551/12
10/08/2011
Ramiz SERHATLIĆ
10/03/1953
Serbian
Mirsad MUDERIZOVIĆ
Novi Pazar
5 March 2003
7/07/2004
18101/12
22/02/2012
Dušan VUKANAC
15/03/1945
Serbian
Tatjana SUDŽUM
Belgrade
20 May 2008
19 April 2011
Enforcement requested in the insolvency proceedings ( potraživanje prijavljeno u stečajnom postupku )
St-2616/10
40265/12
21/06/2012
Milka JOVANÄŒOV
28/04/1968
Serbian
_
Bosilegrad
14 April 2008
29/03/2012
52157/12
06/08/2012
Zoran STANIŠIĆ
21/01/1947
Serbian
Tomislav RADIŠIĆ
Loznica
18 December 2002
5/02/2003
80754/12
12/12/2012
Miljan ĐELIĆ
07/03/1980
Serbian
Nenad ANTIĆ
Vladičin Han
1. 4 November 2003
2. 5 March 2004
1. 26/12/2003
2. 1/04/2004