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AĆIMOVIĆ AND OTHERS v. SERBIA

Doc ref: 8397/08, 46608/14, 46622/14, 46642/14, 46653/14, 46656/14, 46658/14, 46662/14, 46666/14, 46669/14, 4... • ECHR ID: 001-152694

Document date: February 3, 2015

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AĆIMOVIĆ AND OTHERS v. SERBIA

Doc ref: 8397/08, 46608/14, 46622/14, 46642/14, 46653/14, 46656/14, 46658/14, 46662/14, 46666/14, 46669/14, 4... • ECHR ID: 001-152694

Document date: February 3, 2015

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 8397/08 Dragan AĆIMOVIĆ against Serbia and 24 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 on 31 January 2008 , 18 February 2008 and 25 June 2008,

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. Their personal details are set out in the appendix. They were first represented by Mr S. Jovanović and then by Mr M. Kunić , both lawyer s practising in Subotica.

The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodi ć .

The applicants complain ed under Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 about the respondent State ’ s failure to enforce a final court decision of the Subotica Commercial Court, no. St. 208/ 95 of 29 May 2007, rendered in their favour , according to which a socially/State-owned company was ordered to pay them certain sums. Th is court decision remains unenforced to the present day.

On 1 October 2014 and 15 October 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.

Applicant name

date of birth

8397/08

Dragan AĆIMOVIĆ

22/05/1957

46608/14

Tomislav PETRIČEVIĆ

03/02/1981

Ivanka PETRIČEVIĆ

31/12/1983

46622/14

Ilona SABO

23/10/1950

46642/14

Jožef NAĐ

23/05/1955

46653/14

Ervin SANTO

05/09/1962

46656/14

Marinko TIKVICKI

15/10/1965

46658/14

Peter PEÅ TI

10/04/1962

46662/14

Oto RAFAI

27/02/1961

46666/14

Branislav VUKČEVIĆ

20/09/1960

46669/14

Å andor SENCI

28/12/1959

46674/14

Dragan SAMARDŽIJA

18/03/1964

46676/14

Stevan MESAROÅ

17/01/1963

46678/14

Atila SOKOLA

12/03/1965

46680/14

Tibor NOVAK

12/04/1962

46683/14

Slavica MAZALICA

28/06/1963

46686/14

Janoš TOT

17/11/1953

46689/14

Atila ĐURČIK

14/06/1966

46690/14

Peter VIRAG

26/06/1953

46759/14

Branislav MARKOVIĆ

01/06/1952

46762/14

Davor OTTO

30/11/1974

46764/14

Ilija JURIŠIĆ

19/03/1955

46766/14

Mladen KNEŽEVIĆ

06/10/1973

46767/14

Ivan PEIĆ

24/11/1950

46770/14

Branko ÄŒEÄŒUR

11/03/1952

46772/14

ÄŒaba TAKAÄŒ

20/12/1971

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