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CVETKOVIĆ AND OTHERS v. SERBIA

Doc ref: 7760/13;7768/13;8334/13;8521/13;13094/13;14999/13;16930/13 • ECHR ID: 001-148338

Document date: October 21, 2014

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  • Outbound citations: 3

CVETKOVIĆ AND OTHERS v. SERBIA

Doc ref: 7760/13;7768/13;8334/13;8521/13;13094/13;14999/13;16930/13 • ECHR ID: 001-148338

Document date: October 21, 2014

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 7760/13 Jovica CVETKOVIĆ against Serbia and 6 other applications (see list appended)

The European Court of Human Rights ( Third Section ), sitting on 21 October 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 18 December 2012 and 1 March 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 socially/State-owned companies. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.

Between 12 September 2013 and 28 November 2013 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

APPENDIX

No.

Application

no. and date of introduction

Applicant name

date of birth

nationality

Represented by

Final domestic decision details

Enforcement order details

7760/13

18/12/2012

Jovica CVETKOVIĆ

03/10/1952

Serbian

Nenad ANTIĆ

1. Municipal court ( Opstinski sud ) in Vladicin Han P-1041/03 of 5 November 2003

2. Municipal court ( Opstinski sud ) in Vladicin Han P-1352/03 of 29 January 2004

1. Municipal court ( Opstinski sud ) in Vladicin Han I-218/04 of 9 March 2004

2. Municipal court ( Opstinski sud ) in Vladicin Han I-342/04 of 22 March 2004

7768/13

18/12/2012

Dragiša STANOJEVIĆ

25/08/1950

Serbian

Nenad ANTIĆ

1. Municipal court ( Opstinski sud ) in Vladicin Han P-245/03 of 23 June 2003

2. Municipal court ( Opstinski sud ) in Vladicin Han P1-1680/03 of 2 March 2004

1. Municipal court ( Opstinski sud ) in Vladicin Han I-454/04 of 6 April 2004

2. Municipal court ( Opstinski sud ) in Vladicin Han I-454/04 of 6 April 2004

8334/13

25/01/2013

Trajinka STANKOVIĆ

28/08/1948

Serbian

Nenad ANTIĆ

1. Municipal court ( Opstinski sud ) in Vladicin Han P-216/03 of 2 June 2003

1. Municipal court ( Opstinski sud ) in Vladicin Han I-466/03 of 23 October 2003

8521/13

23/01/2013

Dragan VELJKOVIĆ

17/05/1957

Serbian

Nenad ANTIĆ

1. Municipal court ( Opstinski sud ) in Vladicin Han P-1271/03 of 10 February 2004

1. Municipal court ( Opstinski sud ) in Vladicin Han I-625/04 of 27 May 2004

13094/13

08/02/2013

Slobodan STANISAVLJEVIĆ

24/12/1957

Serbian

Nenad ANTIĆ

1. Municipal court ( Opstinski sud ) in Vladicin Han P-357/03 of 1 July 2003

2. Municipal court ( Opstinski sud ) in Vladicin Han P-1564/03 of 23 February 2004

3. Municipal court ( Opstinski sud ) in Vladicin Han P-892/04 of 1 October 2004

4. Municipal court ( Opstinski sud ) in Vladicin Han P1-15/05 of 8 February 2005

1. Municipal court ( Opstinski sud ) in Vladicin Han I-392/03 of 6 October 2003

2. Municipal court ( Opstinski sud ) in Vladicin Han I-344/04 of 22 March 2004

3. Municipal court ( Opstinski sud ) in Vladicin Han I-1002/04 of 10 December 2004

4. Municipal court ( Opstinski sud ) in Vladicin Han I-189/05 of 14 March 2005

14999/13

21/02/2013

Stana ĐELIĆ

11/05/1961

Serbian

Nenad ANTIĆ

1, Municipal court ( Opstinski sud ) in Vladicin Han P-670/03 of 7 October 2003

2. Municipal court ( Opstinski sud ) in Vladicin Han P-132/04 of 23 March 2004

1. Municipal court ( Opstinski sud ) in Vladicin Han I-23/04 of 16 January 2004

2. Municipal court ( Opstinski sud ) in Vladicin Han I-605/04 of 17 May 2004

16930/13

01/03/2013

Blagica NIKOLIĆ

22/03/1948

Serbian

Nenad ANTIĆ

1. Municipal court ( Opstinski sud ) in Vladicin Han P-294/03 of 10 June 2003

2. Municipal court ( Opstinski sud ) in Vladicin Han P-810/04 of 27 July 2004

1. Municipal court ( Opstinski sud ) in Vladicin Han I-243/04 of 11 March 2004

2. Municipal court ( Opstinski sud ) in Vladicin Han I-1098/2008 of 15 September 2008

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