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PANTELIĆ AND OTHERS v. SERBIA

Doc ref: 3924/12, 7022/12, 8040/12, 8082/12, 8110/12, 8254/12, 9648/12, 9656/12, 9700/12, 10009/12, 10055/12,... • ECHR ID: 001-146989

Document date: September 9, 2014

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Cited paragraphs: 0
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Outbound citations: 8

PANTELIĆ AND OTHERS v. SERBIA

Doc ref: 3924/12, 7022/12, 8040/12, 8082/12, 8110/12, 8254/12, 9648/12, 9656/12, 9700/12, 10009/12, 10055/12,... • ECHR ID: 001-146989

Document date: September 9, 2014

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 3924/12 Branka PANTELIĆ against Serbia

and 14 other applications

(see list appended)

The European Court of Human Rights (Third Section), sitting on 9 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 12 December 2011 and 18 May 2012 ,

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 22 October 2013 and 4 December 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) 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 Pre sident

APPENDIX

No.

Application no. and date of introduction

Applicant name

date of birth

place of residence

nationality

Final domestic decision details

Enforcement order details

3924/12

19/12/2011

Branka PANTELIĆ

03/03/1957

Serbian

Municipal Court in Å abac

1. P. 2794/04 from 25/02/2005

2. III R. 651/05 from 24/10/2005

Municipal Court in Å abac

1. I. 29/07 from 09/01/2007

2. I. 89/07 from 16/01/2007

7022/12

14/12/2011

Zora RADOVANOVIĆ

10/11/1958

Serbian

Municipal Court in Å abac

1. III R. 1134/06 from 15/12/2006

Municipal Court in Å abac

1. I. 790/07 from 03/04/2007

8040/12

26/12/2011

Mileta DIMITRIJEVIĆ

28/11/1956

Serbian

Municipal Court in Å abac

1. III R. 529/06 from 16/06/2006

Municipal Court in Å abac

1. I. 586/07 from 14/03/2007

8082/12

12/12/2011

Marina TOPALOVIĆ

10/05/1960

Serbian

Municipal Court in Å abac

1. P. 3976/04 from 24/03/2005

2. III R. 699/05 from 21/10/2005

Municipal Court in Å abac

I. 14/07 from 19/01/2007

8110/12

27/01/2012

Predrag ISAKOVIĆ

13/06/1946

Serbian

Municipal Court in Å abac

1. III R. 716/05 from 24/10/2005

Municipal Court in Å abac

1. I 133/07 from 18/01/2007

8254/12

18/01/2012

Dragoljub VRANKOVIĆ

12/06/1950

Serbian

Municipal Court in Å abac

1. III R. 660/05 from 24/10/2005

Municipal Court in Å abac

1. I 132/07 from 24/01/2007

9648/12

06/02/2012

Ljiljana DAMNJANOVIĆ

12/12/1960

Serbian

Municipal Court in Å abac

1. III R 1258/06 from 15/12/2006

Municipal Court in Å abac

1. I. 590/07 from 14/03/2007

9656/12

06/02/2012

Zoran MAKSIĆ

28/06/1965

Serbian

Municipal Court in Å abac

1. P. 1481/06 from 05/09/2006

Municipal Court in Å abac

1. I. 2161/06 from 23/11/2006

9700/12

06/02/2012

Svetomir TEOVANOVIĆ

10/03/1945

Serbian

Municipal Court in Å abac

1. P. 797/05 from 23/09/2005 (identical to P. 4214/04 from 23/05/2005)

2. III R. 736/05 from 24/10/2005

Municipal Court in Å abac

1. I. 1938/05 from 10/11/2005

2. I. 862/08 from 25.12.2008

10009/12

11/01/2012

Stevan JANKOVIĆ

09/04/1947

Serbian

Municipal Court in Å abac

1. III R. 332/04 from 08/06/2004

2. P. 1337/05 from 31/05/2005

3. III R. 684/05 from 20/10/2005

Municipal Court in Å abac

1. I. 2639/06 from 15/11/2006

Municipal Court in Bogatić

2. I. 32/09 from 29/01/2009

3. I. 33/09 from 29/01/2009

10055/12

11/01/2012

Rade LJUBINKOVIĆ

06/03/1960

Serbian

Municipal Court in Å abac

1. III R. 439/06 from 06/12/2006

2. III R. 97/07 from 29/01/2007

Municipal Court in Å abac

1. I. 1181/09 from 17/11/2009

15698/12

10/02/2012

Zivan KOLARIĆ

26/02/1953

Serbian

Municipal Court in Å abac

1. P. 2804/04 from 21/03/2005

Municipal Court in Å abac

1. I. 87/07 from 16/01/2007

19212/12

21/03/2012

Rade VASIĆ

28/09/1952

Serbian

Municipal Court in Å abac

1. III R. 298/04 from 08/06/2004

Municipal Court in Å abac

1. I. 253/09 from 11/02/2009

35006/12

18/05/2012

Zdravko TARLANOVIĆ

01/11/1957

Serbian

Municipal Court in Å abac

1. III R. 210/06 from 11/12/2006

Municipal Court in Å abac

1. 904/07 from 17/04/2007

35010/12

18/05/2012

Tomislav DŽINOVIĆ

01/05/1947

Serbian

Municipal Court in Å abac

1. P. 3153/04 from 21/03/2005

2. III R. 213/06 from 19/05/2006

Municipal Court in Å abac

1. I. 829/07 from 05/04/2007

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