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STANOJEVIĆ AND OTHERS v. SERBIA
Doc ref: 7014/10;46004/10;26129/12;65413/13;67866/13;6669/14;6677/14 • ECHR ID: 001-150559
Document date: December 16, 2014
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STANOJEVIĆ AND OTHERS v. SERBIA
Doc ref: 7014/10;46004/10;26129/12;65413/13;67866/13;6669/14;6677/14 • ECHR ID: 001-150559
Document date: December 16, 2014
Cited paragraphs only
THIRD SECTION
DECISION
Application no . 7014/10 Mile STANOJEVIĆ against Serbia and 6 other applications (see list appended)
The European Court of Human Rights ( Third Section ), sitting on 16 December 2014 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 14 January 2010 and 1 October 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 various Articles of the Convention, 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 5 August and 23 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 cases (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 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.
Marialena Tsirli Ján Å ikuta Deputy Registrar President
Appe ndix
No.
Application
no. and date of introduction
Applicant name
date of birth
place of residence
nationality
Represented by
Final domestic decision details
Enforcement order details
Constitutional Court decision details
7014/10
14/01/2010
Mile STANOJEVIĆ
14/12/1957
Serbian
Commercial Court Kragujevac
25 August 2003
11 October 2004
Commercial Court Kragujevac
25 August 2003
11 October 2004
46004/10
14/01/2010
Natalija STANOJEVI Ć
04/05/1960
Serbian
Commercial Court Kragujevac
25 August 2003
11 October 2004
Commercial Court Kragujevac
25 August 2003
11 October 2004
26129/12
01/03/2012
Dragan BOŠKOVIĆ
27/07/1952
Serbian
Municipal Court in Å abac
8 June 2004
10 March 2005
19 May 2006
18 April 2007
Municipal Court in Å abac
18 January 2007
19 August 2007
21 March 2007
22 November 2007
65413/13
24/09/2013
Hafiza BOGUĆANIN
10/09/1956
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
10 December 2008
The Court of First Instance in Novi Pazar
29 June 2011
67866/13
01/10/2013
Miljko GLIŠOVIĆ
04/04/1949
Serbian
Dragana JANKOVIĆ
Municipal Court in Čačak
17 November 2008 and
17 December 2008
Municipal Court in Čačak
14 October 2009
4 April 2013
EUR 1000
6669/14
01/10/2013
Ljubinko STOJANOVIĆ
26/10/1965
Serbian
Dragana JANKOVIĆ
Municipal Court in Čačak
17 November 2008 and
17 December 2008
Municipal Court in Čačak
14 October 2009
4 April 2013
EUR 900
6677/14
01/10/2013
Radenko PETRIĆ
01/08/1976
Serbian
Dragana JANKOVIĆ
Municipal Court in Čačak
17 November 2008 and
17 December 2008
Municipal Court in Čačak
14 October 2009
4 April 2013
EUR 800
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