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MUTAVDŽIĆ AND OTHERS v. SERBIA

Doc ref: 48614/12, 52151/12, 52958/12, 53248/12, 54272/12, 54277/12, 54928/12, 54932/12, 55319/12, 56037/12, ... • ECHR ID: 001-149157

Document date: November 25, 2014

Inbound citations: 0
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Cited paragraphs: 0
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Outbound citations: 8

MUTAVDŽIĆ AND OTHERS v. SERBIA

Doc ref: 48614/12, 52151/12, 52958/12, 53248/12, 54272/12, 54277/12, 54928/12, 54932/12, 55319/12, 56037/12, ... • ECHR ID: 001-149157

Document date: November 25, 2014

Cited paragraphs only

THIRD SECTION

DECISION

Application no. 48614/12 Krstina MUTAVDŽIĆ against Serbia and 16 other applications (see list appended)

The European Court of Human Rights (Third Section), sitting on 25 November 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 28 July 2012 and 16 November 2012,

Having regard to the formal declarations accepting a friendly settlement of the cases,

Having deliberated, decides as follows:

THE FACTS AND PROCEDURE

The applicants ’ personal and other relevant details are set out in the appended table. They were all represented by Mr. I. Kalić , a lawyer practicing in Novi Pazar . 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 15 October 2013 and 20 January 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) 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

Appendix

No.

Application

no. and date of introduction

Applicant name

date of birth

nationality

Final domestic decision details

Enforcement order details

48614/12

28 July 2012

Krstina MUTAVDŽIĆ

14 April 1960

Serbian

Municipal Court in Novi Pazar

1. P.1. 105/03 of 27 May 2003

2. P.1. 569/05 of 22 November 2005

3. P.1. 633/06 of 27 October 2006

4. P.1. 188/07 of 09 July 2007

Municipal Court in Novi Pazar

1. I. 560/03 of 08 August 2003

2. I. 102/06 of 14 February 2006

3. I. 434/07 of 29 March 2007

4. I. 1949/07 of 10 December 2007

52151/12

04 August 2012

Dragiša BELIĆ

19 April 1952

Serbian

Municipal Court in Novi Pazar

1. P.1. 530/04 of 12 July 2004

2. P.1. 729/06 of 30 November 2006

Municipal Court in Novi Pazar

1. I. 264/06 of 03 April 2006

2. I. 1384/07 of 06 July 2007

52958/12

02 August 2012

Ivanka TANASKOVIĆ

02 August 1958

Serbian

Municipal Court in Novi Pazar

1. P.1. 69/97 of 09 December 1997

2. P.1. 690/04 of 09 November 2004

3. P.1. 277/06 of 27 July 2006

4. P.1. 163/07 of 15 May /2007

Municipal Court in Novi Pazar

1. I. 632/04 of 08 July 2004

2. I. 1262/05 of 27 December 2005

3. I. 117/07 of 21 February 2007

4. I. 1402/07 of 16 July 2007

53248/12

14 August 2012

Radmila MILANOVIĆ

26 July 1966

Serbian

Municipal Court in Novi Pazar

1. P.1. 866/04 of 12 January 2005

2. P.1. 422/06 of 30 March 2006

Municipal Court in Novi Pazar

1. I. 1555/05 of 27 December 2005

2. I. 1007/06 of 10 April 2006

54272/12

13 August 2012

Ramiza ZENOVIĆ

08 February 1962

Serbian

Municipal Court in Novi Pazar

1. P.1. 436/04 of 25June 2004

2. P.1. 478/05 of 03 March 2006

Municipal Court in Novi Pazar

1. I. 1072/04 of 24 December 2004

2. I. 450/06 of 10 May 2006

54277/12

13 August 2012

Zora PUZOVIĆ

30 April 1964

Serbian

Municipal Court in Novi Pazar

1. P.1. 987/04 of 06 October 2004

2. P.1. 545/06 of 05 April 2006

3. P.1. 22/07 of 07 April 2007

Municipal Court in Novi Pazar

1. I. 1285/05 of 27 December 2005

2. I. 1314/06 of 16 September 2006

3. I. 1446/07 of 27 July 2007

54928/12

15 August 2012

Ismeta ŠARENKAPIĆ

22 April 1960

Serbian

Municipal Court in Novi Pazar

1. P.1. 307/04 of 23 June 2004

2. P.1. 307/04 of 07 February 2005

3. P.1. 532/05 of 07 October 2005

4. P.1. 783/06 of 30 November 2006

Municipal Court in Novi Pazar

1. I. 277/06 of 27 March 2006

2. I. 446/06 of 10 May 2006

3. I. 1179/07 of 31 May 2007

54932/12

15 August 2012

Zumreta MAVRIĆ

24 May 1965

Serbian

Municipal Court in Novi Pazar

P.1. 564/07 of 02 November 2007

Municipal Court in Novi Pazar

I. 1973/07 of 10 December 2007

55319/12

22 August 2012

Rašid ZENOVIĆ

01 June 1952

Serbian

Municipal Court in Novi Pazar

1. P.1. 138/02 of 28 August 2003

2. P.1. 355/03 of 25/08/2003

Municipal Court in Novi Pazar

1. I. 836/03 of 10 October 2003

2. I. 1050/03 of 15 December 2003

56037/12

27 August 2012

Milika VELIMROVIĆ

25 April 1962

Serbian

Municipal Court in Novi Pazar

P.1. 759/04 of 06 October 2004

Municipal Court in Novi Pazar

I. 1973/05 of 30 January 2006

59898/12

10 September 2012

Rajna RADOVIĆ

13 October 3195

Serbian

Municipal Court in Novi Pazar

1. P.1. 842/04 of 10 March 2005

2. P.1. 493/07 of 20 June 2006

Municipal Court in Novi Pazar

1. I. 935/06 of 20 June 2006

2. I. 1175/06 of 28 August 2006

60416/12

06 September 2012

Dragoslavka VESELINOVIĆ

24 April 1958

Serbian

Municipal Court in Novi Pazar

P.1. 26/06 of 13 September 2006

Municipal Court in Novi Pazar

I. 1474/06 of 06 November 2006

60419/12

14 September 2012

Gordana KULUNDŽIĆ

27 March 1962

Serbian

Municipal Court in Novi Pazar

1. P.1. 1090/04 of 15 December 2004

2. P.1. 441/06 of 27 July 2006

Municipal Court in Novi Pazar

1. I. 32/06 of 14 February 2006

2. I. 223/07 of 14 March 2007

60863/12

15 September 2012

Vukosav MILJKOVIĆ

10 July 1948

Serbian

Municipal Court in Novi Pazar

P.1. 889/04 of 22 September 2004

P.1. 399/06 of 27 July 2006

P.1. 136/07 of 01 March 2007

Municipal Court in Novi Pazar

I. 50/06 of 14 February 2006

I. 217/07 of 14 March 2007

I. 854/07 of 11 May 2007

60868/12

31 August 2012

Novka JOKSIMOVIĆ

14 March 1957

Serbian

Municipal Court in Novi Pazar

P.1. 241/04 of 19 May 2004

P.1. 352/05 of 14 December 2005

P.1. 34/07 of 26 February 2007

Municipal court in Novi Pazar

I. 863/04 of 06 October 2004

I. 1850/06 of 29 December 2006

I. 647/07 of 05 April 2007

62958/12

13 September 2012

Stojanka DJOKOVIĆ

10 January 1960

Serbian

Municipal Court in Novi Pazar

P.1. 93/04 of 01 April 2004

P.1. 351/05 of 24 November 2005

P.1. 678/06 of 14 December 2006

P.1. 110/07 of 31 May 2007

Municipal Court in Novi Pazar

I. 521/04 of 28 June 2004

I. 350/06 of 18 April 2006

I. 437/07 of 29 March 2007

I. 72/08 of 29 January 2008

74770/12

16 November 2012

Mirsada ŠEHOVIĆ

03 November 1966

Serbian

Municipal Court in Novi Pazar

P.1. 918/04 of 12 October 2004

P.1. 463/06 of 28 March 2006

Municipal Court in Novi Pazar

I. 21/06 of 14 February 2006

I. 304/07 of 26 March 2007

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