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CVETKOVIĆ AND OTHERS v. SERBIA

Doc ref: 5349/13;5629/13;5632/13;5652/13;5674/13;8382/13 • ECHR ID: 001-147493

Document date: September 23, 2014

Inbound citations: 1
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Cited paragraphs: 0
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Outbound citations: 1

CVETKOVIĆ AND OTHERS v. SERBIA

Doc ref: 5349/13;5629/13;5632/13;5652/13;5674/13;8382/13 • ECHR ID: 001-147493

Document date: September 23, 2014

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 5349/13 Stanijanka CVETKOVIĆ against Serbia and 5 other applications (see list appended)

The European Court of Human Rights (Third Section), sitting on 23 September 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 16 January 2013 and 27 January 201 3 ,

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. They were represented by Mr N. Anti ć , a lawyer practicing in Vladičin Han. 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 10 December 2013 and 10 June 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 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

Final domestic decision details s

Enforcement order details

5349/13

27/12/2012

Stanijanka CVETKOVIĆ

02/07/1954

Serbian

Municipal Court in Vladičin Han

1. 12 November 2003

2. 10 March 2004

Municipal Court in Vladičin Han

1. 30 January 2004

2. 11 May 2004

5629/13

16/01/2013

Dragan ANTIĆ

26/04/1967

Serbian

Municipal Court in Vladičin Han

1. 18 July 2003

2. 26 February 2004

Municipal Court in Vladičin Han

1. 11 November 2003

5632/13

16/01/2013

Goran STOJANOVIĆ

22/08/1973

Serbian

Municipal Court in Vladičin Han

1. 21 October 2003

2. 17 February 2004

Municipal Court in Vladičin Han

1. 19 January 2004

2. 16 September 2011

5652/13

16/01/2013

Mile STOJANOVIĆ

21/07/1949

Serbian

Municipal Court in Vladičin Han

1. 5 September 2003

Municipal Court in Vladičin Han

1. 8 December 2003

5674/13

16/01/2013

Ljiljana STOJANOVIĆ

16/03/1952

Serbian

Municipal Court in Vladičin Han

1. 21 October 2003

2. 25 February 2004

Municipal Court in Vladičin Han

1. 19 January 2004

2. 10 September 2011

8382/13

25/01/2013

Slađan MARINKOVIĆ

19/12/1963

Serbian

Municipal Court in Vladičin Han

1. 2 June 2003

2. 3 March 2004

Municipal Court in Vladičin Han

1. 23 October 2003

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