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JOVANDARIĆ AND OTHERS v. SERBIA

Doc ref: 47162/08;13061/09;8257/10;65843/12;73691/12;29881/13;42564/13;43441/13;43449/13;43456/13 • ECHR ID: 001-147508

Document date: September 23, 2014

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Cited paragraphs: 0
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Outbound citations: 5

JOVANDARIĆ AND OTHERS v. SERBIA

Doc ref: 47162/08;13061/09;8257/10;65843/12;73691/12;29881/13;42564/13;43441/13;43449/13;43456/13 • ECHR ID: 001-147508

Document date: September 23, 2014

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 47162/08 Ratko JOVANDARIĆ against Serbia and 9 other applications (see list appended)

The European Court of Human Rights ( Third Section ), sitting on 23 September 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 22 September 2008 and 11 June 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 12 September 2013 and 28 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 fri endly 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

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

47162/08

22/09/2008

Ratko JOVANDARIĆ

01/01/1950

Lađevci

Serbian

Daroslava TODOROVIĆ

Municipal Court in Kraljevo

IP. 752/0 4 of 12 July 2005

Municipal Court in Kraljevo

I. 1576/05 of 23/11/2005

I. 64/08 of 17/01/2008

13061/09

15/12/2008

Radoslav BASARIĆ

27/02/1952

Kraljevo

Serbian

Daroslava TODOROVIĆ

Municipal Court in Kraljevo

IP. 752/04 of 12 July 2005

Municipal Court in Kraljevo

I. 1451/05 of 8/11/2005

I. 190/08 of 1/02/2008

8257/10

22/10/2009

Nada MILETIĆ

30/12/1955

Raška

Serbian

Municipal Court in Novi Pazar

P1. 302/07 of 18 April 2007

Municipal Court in Novi Pazar

I. 1862/07 of 15/11/2007

65843/12

04/10/2012

Milka KOČOVIĆ

17/03/1964

Raška

Serbian

Slobodan MILANOVIĆ

1. Municipal Court in Novi Pazar

P1.388/04 of 22 September 2004

2. Municipal Court in Novi Pazar

P1.502/07 of 24 January 2008

1. Municipal Court in Novi Pazar

I 696/06 of 17 July 2006

2. Court of First instance in Novi Pazar

20 No. I 109/12 of 23 January 2012

73691/12

09/11/2012

Ismeta DOLIĆANIN ŠAĆIROVIĆ

12/02/1963

Novi Pazar

Serbian

Ismet KALIĆ

Municipal Court in Novi Pazar

1. P1.886/04 of 15 October 2004

2. P1.416/06 of 14 April 2006

Municipal Court in Novi Pazar

1. I.1088/05 of 26/09/2005

2. I.1263/06 15/09/2006

29881/13

01/04/2013

Milhata ŠUNTIĆ

07/03/1957

Novi Pazar

Serbian

Å efketa DOLOVAC

Municipal Court in Novi Pazar

1. P1. 996/07 of 7 May 2008

2. P1. 492/09 of 17 November 2009

Court of First Instance in Novi Pazar

3. P1. 246/10 of 19 April 2010

Court of First Instance in Novi Pazar

1. 19 I. 53/12 of 17/01/2012

2. 19 I. 540/12 of 8/03/2012

3. 19 I. 206/12 of 1/02/2012

42564/13

15/05/2013

Miroslav GAVRILOVIĆ

30/12/1977

Vladičin Han

Serbian

Slobodan PETROVIĆ

Municipal Court in Vladičin Han

1. P. 295/03 of 23 June 2003

2. P. 560/04 of 1 June 2004

Municipal Court in Vladičin Han

1. I. 551/03 of 7/11/2003

2. I. 758/04 of 9/07/2004

43441/13

11/06/2013

Razija GEGIĆ

31/05/1954

Beograd

Serbian

Emir FETAHOVIĆ

Municipal Court in Novi Pazar

1. P1. 432/04 of 8 February 2007

2. P1. 515/05 of 05 October 2005

3. P1. 777/06 of 23 May 2006

Municipal Court in Novi Pazar

1. I. 1264/05 of 27/12/2005

2. I. 522/06 of 15/05/2006

3. I. 1203/07 of 04/06/2007

43449/13

11/06/2013

Å aban RASOVAC

27/07/1946

Novi Pazar

Serbian

Emir FETAHOVIĆ

Municipal Court in Novi Pazar

1. P1.345/03 of 19 September 2003

2. P1.658/05 of 9 December 2005

3. P1.651/06 of 28 August 2006

4. P1.181/07 of 9 July 2007

Municipal Court in Novi Pazar

1. I.1075/03 of 19/12/2003

2. I. 536/06 of 18/05/2006

3. I. 97/07 of 19/02/2007

4. I. 1950/07 of10/12/2007

43456/13

11/06/2013

Sabaheta HODŽIĆ-KURBAŠEVIĆ

01/04/1967

Novi Pazar

Serbian

Emir FETAHOVIĆ

Municipal Court in Novi Pazar

1. P1. 723/02 of 11 July 2003

2. P1. 629/06 of 23 June 2006

Municipal Court in Novi Pazar

1. I. 755/03 of 24/09/2003

2. I. 903/07 of 15/05/2007

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