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JOVIĆ AND OTHERS v. SERBIA
Doc ref: 15792/13;28873/13;43379/13;43385/13;47950/13;49792/13;49857/13;50328/13;50384/13 • ECHR ID: 001-149182
Document date: November 25, 2014
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JOVIĆ AND OTHERS v. SERBIA
Doc ref: 15792/13;28873/13;43379/13;43385/13;47950/13;49792/13;49857/13;50328/13;50384/13 • ECHR ID: 001-149182
Document date: November 25, 2014
Cited paragraphs only
THIRD SECTION
DECISION
Application no . 15792/13 Dejan JOVIĆ against Serbia
and 8 other applications (see list appended)
The European Court of Human Rights (Third Section), sitting on 25 November 2014 as a C ommittee 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 February 2013 and 16 July 2013 ,
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. 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 1 October 2013 and 4 March 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 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 i s 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 case s 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
No.
Application no.
D ate of introduction
Applicant name
D ate of birth
N ationality
Represented by
Final domestic decision details
Enforcement order details
15792/13
26 February 2013
Dejan JOVIĆ
18 December /1971
Serbian
The Municipal Court in Aranđelovac
P.1.161/04 from 03 November 2004
The Municipal Court in Aranđelovac
I. 206/05 from 07 June 2005
28873/13
23 April 2013
Mladen ANĐELKOVIĆ
23 January 1951
Serbian
Radomir KOJIĆ
Second Municipal Court in Belgrade
P. 2716/06 from 02 April 2007
Fourth Municipal Court in Belgrade
I. 14241/07 from 06 February 2008
43379/13
14 May /2013
Å emsida PALJEVAC
16 April 1954
Serbian
Slobodan MILANOVIĆ
Municipal Court in Novi Pazar
P.1. 387/04 from 15 September 2004
Municipal Court in Novi Pazar
I. 708/2004 from 22 May 2006
43385/13
14 May 2013
Mersada ALIĆ
15 February 1968
Serbian
Vesna CUKAVAC
Municipal Court in Novi Pazar
P.1. 26/05 from 13 April 2005
Municipal Court in Novi Pazar
I. 1607/07 from 24 October 2005
47950/13
05 July 2013
Olga MLADENOVIĆ
16 October 1948
Serbian
Nenad ANTIĆ
Municipal Court in Vladičin Han
1. P. 173/03 from 13 August 2003
2. P. 1386/03 from 21 January 2004
Municipal Court in Vladičin Han
1. I. 596/03 from 25 November 2003
2. I. 131/04 from 26 February 2004
49792/13
05 July 2013
Vladan JAKOVLJEVIĆ
01 February 1966
Serbian
Dragica BRKIĆ
Municipal Court in Å abac
1. P.1. 121/09 from 24 July 2009
2. P.1. 149/10 from 25 August 2010
Municipal Court in Å abac
1. I. 541/11 from 28 April 2011
2. I. 542/11 from 29 April 2011
49857/13
27 June 2013
Sanija MULIĆ
27 April 1954
Serbian
Slobodan MILANOVIĆ
Municipal Court in Novi Pazar
1. P.1. 409/04 from 30 June 2004
Municipal Court in Novi Pazar
1. I. 896/04 from 05 October 2004
50328/13
16 July 2013
Milovan RADOJKIĆ
10 February 1952
Serbian
Municipal Court in Aranđelovac
1. P. 696/04 from 22 December 2004
2. P. 839/07 from 27 March 2008
Court of First Instance Kragujevac
3. P.1. 967/11 from 01 July 2011
Municipal Court in Aranđelovac
1. I. 10/08 from 12 January 2008
2. I. 14873/10 from 17 January 2011
3. I. 4688/11 from 29 July 2011
50384/13
11 May 2013
Ljubomirka SLAVKOVIĆ
15 March 1963
Serbian
Nermin AJDINOVIĆ
Municipal Court in Novi Pazar
1. P.1. 235/09 from 30 April 2009
Municipal Court in Novi Pazar
1. I. 1215/11 from 08 July 2011
APPENDIX
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